The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020

Amendment of Title 4 (Financial Management)

6.—(1) In the heading of Title 4, omit “of the Funds”.

(2) For the heading of Chapter 1 substitute—

“Direct payment support”.

(3) Omit Articles 16 to 19, and 21 to 25.

(4) For Article 26 substitute—

“Article 26 Financial Discipline

1.   Where the relevant authority has an obligation to reimburse in respect of the 2019 adjustment rate, as provided for in Article 26(5) as it had effect immediately before exit day, the reimbursement must only be paid to relevant farmers.

2.   For the purposes of paragraph 1, a relevant farmer is a person who would be liable to be subject to an adjustment rate under Article 26 as it had effect immediately before exit day.”.

(5) Omit Articles 27 to 29.

(6) Omit Articles 39 to 45.

(7) In Article 46—

(a) omit paragraphs 1 to 4;

(b) for paragraph 5 substitute—

“5.   The appropriate authority may make regulations laying down specific conditions applying to the information to be booked in the accounts kept by paying agencies.”.

(8) Omit Articles 47 and 48.

(9) In Article 49—

(a) in the first paragraph—

(i) omit “accredited”;

(ii) for the words from “Union” to the end substitute “the law applying in the constituent nation”;

(b) in the second paragraph omit “accredited”.

(10) In Article 50—

(a) omit paragraph 1;

(b) for paragraph 2 substitute—

“2.   The appropriate authority may make regulations laying down rules on the conditions on which the supporting documents referred to in Article 49 are to be kept, including their form and the time period of their storage.”.

(11) Omit Articles 51 to 53.

(12) In Article 54—

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

(b) omit paragraph 2;

(c) in paragraph 3—

(i) in the first subparagraph, for “Member States” substitute “the relevant authority”;

(ii) in point (a)(ii)—

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

(bb) for “its national law” substitute “the law applying in the constituent nation”;

(iii) in point (b), for “national law” substitute “the law applying in the constituent nation”;

(iv) omit the last subparagraph;

(d) omit paragraphs 4 and 5.

(13) For Article 55 substitute—

“Article 55 Provisions specific to direct payment support

Sums recovered following the occurrence of irregularity or negligence and the interest thereon must be made over to the paying agency and booked by it as revenue collected in connection with direct payment support.”.

(14) For Article 57 substitute—

“Article 57 Power to make regulations

In order to ensure correct and efficient application of the provisions relating to the conditions for the recovery of undue payments and interest thereon, the appropriate authority may make regulations setting out procedures for such recovery as set out in this Section.”.