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

Amendment of Title 7 (Common Provisions) U.K.

9.—(1) In Article 101—

(a) in the heading, omit “Commission”;

(b) in paragraph 1—

(i) for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ”;

(ii) omit point (a);

(c) for paragraph 2 substitute—

“2.   The appropriate authority may make regulations laying down detailed procedural and technical rules concerning the calculation and application of administrative penalties referred to in Articles 97 and 99.”.

(2) Omit Article 102.

(3) In Article 103—

(a) in paragraph 1—

(i) in the first subparagraph—

(aa) for “Member States and the Commission” substitute “ The relevant authority ”;

(bb) omit “and clearance of accounts”;

(ii) omit the second subparagraph;

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Omit Article 104.

(5) For Article 105 substitute—

“Article 105 U.K. General principles

1.   The amounts in declarations of expenditure by the relevant authority may be expressed in either euro or sterling.

2.   The prices and amounts fixed in sectoral agricultural legislation may be expressed in either euro or sterling. Subject to Article 108, they shall be granted or collected in sterling.”.

(6) In Article 106—

(a) for paragraph 1 substitute—

“1.   Where the prices or amounts referred to in Article 105(2) are expressed in euro, they shall be converted into sterling by means of an exchange rate.”;

(b) in paragraph 4—

(i) for “EAGF” substitute “ direct payment support ”;

(ii) for “Member States which have not adopted the euro” substitute “ the relevant authority ”;

(c) omit paragraph 6.

(7) Omit Article 107.

(8) In the heading of Article 108, omit “by non-euro Member States”.

(9) In Article 108—

(a) in paragraph 1—

(i) for “a Member State which has not adopted the euro” substitute “ the relevant authority ”;

(ii) for “its national currency” substitute “ sterling ”;

(iii) for “Member State”, in the second place it occurs, substitute “ relevant authority ”;

(iv) for “national currency”, in the second place it occurs, substitute “ sterling ”;

(b) omit paragraph 2.

(10) Omit Articles 109 and 110.

(11) In Article 111—

(a) in paragraph 1—

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

(ii) for “the Funds” substitute “ direct payments ”;

(iii) in point (a)(ii), for “of the Member State concerned” substitute “ applying in the constituent nation ”;

(iv) in point (c), for “financed by the Funds” substitute “ under which direct payment support is granted, which is ”;

(v) in point (d), for “financed by either of the Funds” substitute “ under which direct payment support is granted ”;

(vi) in the last subparagraph, for “per Member State” substitute “ for the United Kingdom administered jointly by the relevant authorities ”;

(12) In Article 112—

(a) for the first and second paragraphs substitute—

“The relevant authority shall not publish the name of a beneficiary as provided for in point (a) of the first subparagraph of Article 111(1) of this Regulation where the amount of aid from direct payment support and the Funds (as defined in Article 3(2) of Regulation (EU) No 1306/2013 as it had effect immediately before exit day) received in one year by a beneficiary is equal to or less than EUR 1250.”

(b) in the third paragraph—

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

(ii) for “Member States”, in the second place it occurs, substitute “ The relevant authority ”.

(13) In Article 113—

(a) in the first paragraph—

(i) for “Member States”, in the first place it occurs, substitute “ The relevant authority ”;

(ii) omit “of the Union and the Member States”;

(iii) for “safeguarding the Union's financial interests” substitute “ ensuring proper management of public funds ”;

(b) in the second paragraph—

(i) for “Directive 95/46/EC” substitute “ Regulation (EU) No 2016/679 and the Data Protection Act 2018 M1 ”;

(ii) for “Member States” substitute “ relevant authority ”.

(14) In Article 114—

(a) In the heading, for “Commission” substitute “ Appropriate authority ”;

(b) for “Commission shall adopt implementing acts” substitute “ appropriate authority may make regulations ”;

(c) omit point (c);

(d) omit the second subparagraph.

Textual Amendments

F1 Reg. 9(3)(b) omitted (8.6.2020) by virtue of The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 7(2)

Commencement Information

I1 Reg. 9 comes into force on "exit day", see reg. 1(2)

Marginal Citations

M1 2018 c. 12.