The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019

Amendment of Part 1 U.K.

4.—(1) In Article 1—

(a) for the first paragraph substitute—

“This Regulation lays down the common rules applicable to support for rural development F1 .... It also lays down the provisions necessary to ensure the effectiveness of the support and co-ordination with other retained direct EU legislation. The common rules that apply are set out in Part Two.”;

(b) omit the second paragraph;

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) in the fourth paragraph—

(i) omit points (1) to(4);

(ii) for point (5), substitute—

“(5) “Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (‘Regulation (EU) No 1305/2013’)”;

F3 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (e) for the fifth paragraph substitute—

“Part Two of this Regulation applies to support for rural development except when it explicitly allows for derogations. The Fund-specific Regulations may establish complementary rules to Part Two of this Regulation. The complementary rules in the Fund-specific Regulations must be read consistently with Part Two of this Regulation. In case of doubt about the application between provisions, Part Two of this Regulation prevails over the Fund-specific Regulations.”.]

(2) In Article 2—

(a) omit point (1);

(b) for point (4) substitute—

“(4) “Fund-specific rules” means the provisions laid down in, or established on the basis of, F5 ...Regulation (EU) No 1305/2013 F6 ...”;

(c) for point (5) substitute—

“(5) “programming” means the process of organisation, decision-making and allocation of financial resources in several stages, with the involvement of partners in accordance with Article 5, intended to implement, on a multi-annual basis, action by the relevant authority;”;

(d) for point (6) substitute—

“(6) “programme” means [F7 a] ‘rural development programme’ as referred to in Regulation (EU) No 1305/2013;”;

(e) for point (8) substitute—

“(8) “priority”, in [F8 Part Two] of this Regulation, means a priority for rural development referred to in Regulation (EU) No 1305/2013 F9 ...;”;

(f) in point (10), for “Member State” substitute “ relevant authority ”;

(g) for point (15) substitute—

“(15) “public expenditure” means any public contribution to the financing or operations the source of which is the budget of national, regional or local public authorities, the budget of the Union related to the European Agricultural Fund for Rural Development F10 ..., the budget of public law bodies or the budget of associations of public authorities or of public law bodies;”;

(h) for point (16) substitute—

“(16) “public law body” means any body governed by public law within the criteria in paragraphs (a) to (c) of point 9 of Article 1 of Directive 2004/18/EC of the European Parliament and of the Council ”;M1

(i) in point (19) omit “and which contributes to achieving the Union strategy for smart, sustainable and inclusive growth,”;

(j) omit points (20), (22) and (23);

(k) in point (21), at the end insert “ as it had effect immediately before [F11 IP completion day] ”;

(l) in point (28), at the end, insert “ as it had effect immediately before [F11 IP completion day]”;

(m) in points (29) and (30) omit “Part Three and”;

(n) omit points (31) and (32);

(o) in points (33) and (34), for “Union priority”, in each place it occurs, substitute “ priority for rural development F12 ...”;

(p) omit point (35);

(q) for point (36) substitute—

“(36) ”irregularity” means any breach of the law as it applies in the constituent nation resulting from an act or omission by an economic operator involved in the implementation of support for rural development F13 ..., which has, or would have, the effect of charging an unjustified item of expenditure to a programme budget;”;

(r) for point (37) substitute—

“(37) ”economic operator” means any natural or legal person or other entity taking part in the implementation of support for rural development F14 ..., with the exception of a relevant authority exercising its prerogatives as a public authority;”;

F15 (s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(t) at the end insert—

“(40) ‘Financial Regulation’ means Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union as it had effect immediately before [F11 IP completion day];

(41) “CMO support” means financial support granted under Regulation (EU) No 1308/2013 or any of the delegated or implementing acts adopted on the basis of that regulation or of Commission Regulation (EU) No 1234/2007;

(42) “direct payment support” means financial support granted under any of the support schemes listed in Annex I to Regulation (EU) No 1307/2013;

(43) “constituent nation” means England, Wales, Scotland or Northern Ireland, as the case may be; F16 ...

(44) “relevant authority” means—

(a) in respect of support under rural development

(i) in England, the Secretary of State,

(ii) in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs,

(iii) in Scotland, the Scottish Ministers,

(iv) in Wales, the Welsh Ministers,

F17 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(45) “support for rural development” means financial support granted under Title 3 of Regulation (EU) No 1305/2013 or Title 3, Chapter 2 of this Regulation;

F18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

(u) Omit Article 3.

Textual Amendments

F1 Words in reg. 4(1)(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 13(2)(a)(i)

F2 Reg. 4(1)(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 13(2)(a)(ii)

F3 Reg. 4(1)(d)(iii) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 13(2)(a)(iii)

F4 Reg. 4(1)(e) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 13(2)(a)(iv)

F5 Words in reg. 4(2)(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 13(2)(b)(i)(aa)

F6 Words in reg. 4(2)(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 13(2)(b)(i)(bb)

F7 Word in reg. 4(2)(d) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 13(2)(b)(ii)

F8 Words in reg. 4(2)(e) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 13(2)(b)(iii)(aa)

F9 Words in reg. 4(2)(e) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 13(2)(b)(iii)(bb)

F10 Words in reg. 4(2)(g) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 13(2)(b)(iv)

F11 Words in reg. 4(2) substituted (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(a), 14(2)

F12 Words in reg. 4(2)(o) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 13(2)(b)(v)

F13 Words in reg. 4(2)(q) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 13(2)(b)(vi)

F14 Words in reg. 4(2)(r) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 13(2)(b)(vii)

F15 Reg. 4(2)(s) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 13(2)(b)(viii)

F16 Words in reg. 4(2)(t) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 13(2)(b)(ix)(aa)

F17 Words in reg. 4(2)(t) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 13(2)(b)(ix)(bb)

F18 Words in reg. 4(2)(t) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 13(2)(b)(ix)(cc)

Commencement Information

I1 Reg. 4 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 L 134, 30.4.2004, p. 114, as repealed by Directive 2014/24/EU of the European Parliament and of the Council on public procurement (OJ L 94, 28.3.2014, p. 65).