The Rules for Direct Payments to Farmers (Amendment) Regulations 2020

PART 4 Amendment of Commission Implementing Regulation (EU) 641/2014

Amendment of Commission Implementing Regulation (EU) 641/2014

19.  Commission Implementing Regulation (EU) No. 641/2014 of 16 June 2014 laying down rules for the application of the Direct Payments Regulation is amended in accordance with regulations 20 to 24.

Amendment of the Chapter 1 (scope and general principles)

20.—(1) Omit Article 1 (e) and (f).

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

Amendment of Chapter 2 (basic payment scheme)

21.  — Omit Articles 4 to 7.

(1) In Article 8(1)—

(a) omit “to be”;

(b) for “Member State” substitute “relevant authority prior to exit day”.

(2) In Article 9—

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

(b) omit paragraph 2.

Amendment of Chapter 3 (greening)

22.  Omit Article 10.

Amendment of Chapters 4 (coupled support) and 5 (rules on notification)

23.  Omit Articles 12 to 14, and 16 to 18.

Amendment of Chapter 6 (final provisions)

24.  Omit Article 19 and the sentence which follows it.

Amendments to the Common Agricultural Policy Basic Payment and Support Schemes (England) Regulations 2014

25.—(1) The Common Agricultural Policy Basic Payment and Support Schemes (England) Regulations 2014(1) are amended as follows.

(2) In regulation 4, omit “and 2(c)”.

(3) In regulation 5—

(a) omit “and (2)”;

(b) omit “(b)”.

(4) In regulation 8—

(a) for paragraph (1) substitute—

“(1) For the purposes of Article 8(1) of the Direct Payments Implementing Regulation, the period within which the transferor of payment entitlements must notify the Secretary of State of the transfer is one year beginning with the 16th May of the preceding calendar year to 15th May of the first calendar year in which the transferee may include those entitlements in the transferee’s application for direct payments.”;

(b) for paragraph (3) substitute—

“(3) Applications for the allocation of payment entitlements may be submitted on or before 15th May of the relevant calendar year for the purposes of Article 22(1) of the Commission Implementing Regulation (EU) NO. 809/2014 laying down rules for the application of Regulation (EU) No. 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance, as it has effect for the purposes of direct payments in claim year 2020(2).”;

(5) Omit regulation 10.

(6) For regulation 12 substitute—

“12.— (1) For the purposes of the first paragraph of Article 45(1) of the Direct Payments Regulation, permanent grasslands are designated permanent grasslands which are environmentally sensitive if they are:

(a) a site of special scientific interest, as defined in section 52(1) of the Wildlife and Countryside Act 1981(3); and

(b) in the areas referred to in the first subparagraph of Article 45(1) as it had effect immediately before exit day.”.

(7) Omit regulation 14(2).

(1)

S.I. 2014/3259, amended by S.I. 2015/1325 and prospectively amended by S.I. 2019/733; there are other amending instruments but none is relevant.

(2)

This Regulation is brought into domestic law, in so far as it relates to the Common Agricultural Policy direct payment scheme for claim year 2020, by virtue of section 1(3)(d) of the Direct Payments to Farmers (Legislative Continuity) Act and is amended by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020.

(3)

1981 c.69; the definition of “site of special scientific interest” in section 52(1) was inserted by the Countryside and Rights of Way Act 2000 (c. 37), Schedule 9, paragraph 5(1) and (2).