Regulation (EU) No 1306/2013 of the European Parliament and of the CouncilShow full title

TITLE VII U.K. COMMON PROVISIONS

CHAPTER I U.K. Communication

F1 Article 102 U.K. Communication of information

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Art. 102 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(2); and Art. 102 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(1); 2020 c. 1, Sch. 5 para. 1(1)

Article 103 U.K. Confidentiality

1. [F2 The relevant authority] shall take all necessary steps to ensure the confidentiality of the information communicated or obtained under inspection F3 ... measures implemented under this Regulation.

F4 ...

2. Without prejudice to [F5 the law applying in the constituent nation in relation] to legal proceedings, information collected in the course of scrutiny as provided for in Chapter III of Title V shall be protected by professional secrecy. It shall not be communicated to any persons other than those who, by reason of their duties F6 ..., are required to have knowledge thereof for the purposes of performing those duties.

Textual Amendments

F2 Words in Art. 103(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(3)(a)(i)(aa); and words in Art. 103(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(2)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 103(1) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(3)(a)(i)(bb); and words in Art. 103(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(2)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 103(1) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(3)(a)(ii); and words in Art. 103(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 103(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(3)(b)(i); and words in Art. 103(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 103(2) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(3)(b)(ii); and words in Art. 103(2) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7 Article 104 U.K. Commission powers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Art. 104 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(4); and Art. 104 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(3); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. Use of the euro

[F8 [F9 Article 105 U.K. General principles

[F10 1. The amounts in declarations of expenditure by the relevant authority may be expressed in either euro or sterling.]

[F11 2. The prices and amounts fixed in sectoral agricultural legislation may be expressed in either euro or sterling. [F12 Subject to Article 108, they] [F12 They] shall be granted or collected in sterling.]]]

Textual Amendments

F8 Art. 105 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(5); and Art. 105 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(4); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 105 omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(16)

F10 Art. 105(1) omitted (E.) (1.1.2021 in so far as relates to direct payments) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 6(3)(a); and Art. 105(1) omitted (N.I.) (23.2.2021 insofar as relates to direct payments) by virtue of The Direct Payments to Farmers (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/40), regs. 1(1), 5(2)(a)

F11 Art. 105(2) omitted (E.) (26.3.2021 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers (Reductions and Simplifications) (England) (Amendment) Regulations 2021 (S.I. 2021/407), regs. 1(2), 2(3)

F12 Word in Art. 105(2) substituted (E.) (1.1.2021 in so far as relates to direct payments) by The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 6(3)(b); and word in Art. 105(2) substituted (N.I.) (23.2.2021 insofar as relates to direct payments) by The Direct Payments to Farmers (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/40), regs. 1(1), 5(2)(b); and Art. 105(2) amended with a similar effect (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 2(17)

[F13 Article 106 U.K. Exchange rate and operative event

[F14 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.]

2. The operative event for the exchange rate shall be:

(a) the completion of customs import or export formalities in the case of amounts collected or granted in trade with third countries;

(b) the event whereby the economic objective of the operation is attained in all other cases.

[F15 3. Where a direct payment as provided for in Regulation (EU) No 1307/2013 is made to a beneficiary in [F16 sterling, the relevant authority shall convert the amount of aid expressed in euro into sterling on the basis of the average of the exchange rates set by the European Central Bank during the month prior to 1 October 2019.].

F17 ...]

[F18 4. As regards [F19 direct payment support][F20 CMO support], when drawing up their declarations of expenditure, [F21 the relevant authority] shall apply the same exchange rate as that which they used to make payments to beneficiaries or receive revenue, in accordance with the provisions of this Chapter.]

5. In order to specify the operative event referred to in paragraph 2 or to fix it for reasons peculiar to the market organisation or the amount in question, the [F22 appropriate authority may make regulations], containing rules on those operative events and the exchange rate to be used. The specific operative event shall be determined taking account of the following criteria:

(a) actual applicability as soon as possible of adjustments to the exchange rate;

(b) similarity of the operative events for analogous operations carried out under the market organisation;

(c) coherence in the operative events for the various prices and amounts relating to the market organisation;

(d) practicability and effectiveness of checks on the application of suitable exchange rates.

[F23 6. In order to avoid the application F24 ... of different exchange rates in accounts of revenue received or aid paid to beneficiaries in a currency other than the euro, on the one hand, and in the establishment of the declaration of expenditure drawn up by the paying agency, on the other, the [F25 appropriate authority may make regulations] laying down rules on the exchange rate applicable when declarations of expenditure are drawn up and when public storage operations are recorded in the accounts of the paying agency.]]

Textual Amendments

F13 Art. 106 omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(16); and Art. 106 omitted (E.) (26.3.2021 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers (Reductions and Simplifications) (England) (Amendment) Regulations 2021 (S.I. 2021/407), regs. 1(2), 2(4)

F14 Art. 106(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(6)(a); and Art. 106(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 106(3) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(5)(b) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(9)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 106(3) substituted (8.6.2020) by The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 2(5)(a)

F17 Words in Art. 106(3) omitted (8.6.2020) by virtue of The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 2(5)(b)

F18 Art. 106(4) omitted (E.) (1.1.2021 in so far as relates to direct payments) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 6(4); and Art. 106(4) omitted (N.I.) (23.2.2021 insofar as relates to direct payments) by virtue of The Direct Payments to Farmers (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/40), regs. 1(1), 5(3)

F19 Words in Art. 106(4) substituted for “EAGF” (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(6)(b)(i)

F20 Words in Art. 106(4) substituted for “EAGF” (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(5)(c)(i) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(9)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 106(4) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(6)(b)(ii); and words in Art. 106(4) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(5)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 106(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 25(a); 2020 c. 1, Sch. 5 para. 1(1)

F23 Art. 106(6) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(6)(c)

F24 Words in Art. 106(6) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 25(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Art. 106(6) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 25(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F26 Article 107 U.K. Safeguard measures and derogations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Art. 107 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(7); and Art. 107 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(6); 2020 c. 1, Sch. 5 para. 1(1)

[F27 Article 108 U.K. Use of the euro F28 ...

1. If [F29 the relevant authority] decides to pay the expenditure resulting from sectoral agricultural legislation in euro rather than in [F30 sterling], the [F31 relevant authority] shall take measures to ensure that the use of the euro does not provide a systematic advantage compared with the use of [F32 sterling].

F33 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F27 Art. 108 omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(17); Art. 108 omitted (E.) (1.1.2021 in so far as relates to direct payments) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 6(5); and Art. 108 omitted (S.) (1.1.2021 insofar as relates to direct payments) by virtue of The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 4(3); and Art. 108 omitted (N.I.) (23.2.2021 insofar as relates to direct payments) by virtue of The Direct Payments to Farmers (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/40), regs. 1(1), 5(4); and Art. 108 omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 2(18)

F28 Words in Art. 108 heading omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(8); and words in Art. 108 heading omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(7); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 108(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(9)(a)(i); and words in Art. 108(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(8)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F30 Word in Art. 108(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(9)(a)(ii); and word in Art. 108(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(8)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F31 Words in Art. 108(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(9)(a)(iii); and words in Art. 108(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(8)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F32 Word in Art. 108(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(9)(a)(iv); and word in Art. 108(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(8)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F33 Art. 108(2) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(9)(b); and Art. 108(2) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER III U.K. Report and evaluation

F34 Article 109 U.K. Annual financial report

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34 Arts. 109, 110 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(10); and Arts. 109, 110 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(9); 2020 c. 1, Sch. 5 para. 1(1)

F34 Article 110 U.K. Monitoring and evaluation of the CAP

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34 Arts. 109, 110 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(10); and Arts. 109, 110 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(9); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IV U.K. Transparency

Article 111 U.K. Publication of beneficiaries

1. [F35 The relevant authority] [F36 shall] [F36 may] [F37 ensure annual ex-post publication of the] [F37 publish a list of] beneficiaries of [F38 direct payments] [F39 agricultural support] [F40 annually]. The publication [F36 shall][F36 may] contain:

(a) without prejudice to the first paragraph of Article 112 of this Regulation, the name of the beneficiary, as follows:

(i)

the first name and the surname where the beneficiary is a natural person;

(ii)

the full legal name as registered where the beneficiary is a legal person with the autonomous legal personality pursuant to the legislation [F41 applying in the constituent nation];

(iii)

the full name of the association as registered or otherwise officially recognised where the beneficiary is an association without an own legal personality;

(b) the municipality where the beneficiary is resident or is registered and, where available, the postal code or the part thereof identifying the municipality;

(c) the amounts of payment corresponding to each measure [F42 under which direct payment support is granted, which is][F43 under which agricultural support is granted] received by each beneficiary in the financial year concerned;

(d) the nature and the description of the measures [F44 under which direct payment support is granted][F45 under which agricultural support is granted] and under which the payment referred to in point (c) is awarded.

[F46 The information referred to in the first subparagraph [F36 shall] [F36 may] be made available on a single website [F47 for the United Kingdom administered jointly by the relevant authorities]. It [F36 shall] [F36 may] remain available for two years from the date of the initial publication.]

[F48 2. As regards the payments corresponding to the measures [F49 under which support for rural development is granted] as referred to in point (c) of the first subparagraph of paragraph 1, the amounts to be published shall correspond to the total public funding F50 ....]

Textual Amendments

F35 Words in Art. 111(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(11)(a)(i); and words in Art. 111(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(10)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F36 Word in Art. 111(1) substituted (E.) (15.12.2022 in so far as it relates to rural development support measures) by The Rural Development (Amendment) (No. 2) (England) Regulations 2022 (S.I. 2022/1225), regs. 1(1), 6(2)(a)(i)

F37 Words in Art. 111(1) substituted (E.) (15.12.2022 in so far as it relates to rural development support measures) by The Rural Development (Amendment) (No. 2) (England) Regulations 2022 (S.I. 2022/1225), regs. 1(1), 6(2)(a)(ii)

F38 Words in Art. 111(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(11)(a)(ii)

F39 Words in Art. 111(1) substituted for “the Funds” (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(10)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F40 Word in Art. 111(1) inserted (E.) (15.12.2022 in so far as it relates to rural development support measures) by The Rural Development (Amendment) (No. 2) (England) Regulations 2022 (S.I. 2022/1225), regs. 1(1), 6(2)(a)(iii)

F41 Words in Art. 111(1)(a)(ii) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(11)(a)(iii); and words in Art. 111(1)(a)(ii) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(10)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F42 Words in Art. 111(1)(c) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(11)(a)(iv)

F43 Words in Art. 111(1)(c) substituted for “financed by the Funds” (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(10)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F44 Words in Art. 111(1)(d) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(11)(a)(v)

F45 Words in Art. 111(1)(d) substituted for “financed by either of the Funds” (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(10)(a)(v); 2020 c. 1, Sch. 5 para. 1(1)

F46 Words in Art. 111(1) omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(18); and words in Art. 111(1) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 2(19)

F47 Words in Art. 111(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(11)(a)(vi); and words in Art. 111(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(10)(a)(vi); 2020 c. 1, Sch. 5 para. 1(1)

F48 Art. 111(2) omitted (E.) (15.12.2022 in so far as it relates to rural development support measures) by virtue of The Rural Development (Amendment) (No. 2) (England) Regulations 2022 (S.I. 2022/1225), regs. 1(1), 6(2)(b)

F49 Words in Art. 111(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(10)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F50 Words in Art. 111(2) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(10)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 112 S+N.I. Threshold

[F51 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 [F52 agricultural support] received in one year by a beneficiary is equal to or less than EUR 1250.]

[F53 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 received in one year by a beneficiary is equal to or less than EUR 1250.]

Where the first paragraph of this Article applies the [F54 relevant authority] shall publish the information referred to in points (b), (c) and (d) of the first subparagraph of Article 111(1) and the beneficiary shall be identified by a code. [F55 The relevant authority] shall decide on the form of that code.

Extent Information

E1 This version of this provision applies to Scotland and Northern Ireland only; separate versions have been created for England and Wales

Textual Amendments

F51 Words in Art. 112 substituted for the first and second paragraphs (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(12)(a)

F52 Words in Art. 112 substituted (E.) (1.1.2021 in so far as relates to direct payments) by The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 6(6); and words in Art. 112 substituted (S.) (1.1.2021 insofar as relates to direct payments) by The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 4(4); and words in Art. 112 substituted (N.I.) (23.2.2021 insofar as relates to direct payments) by The Direct Payments to Farmers (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/40), regs. 1(1), 5(5)

F53 Words in Art. 112 substituted for the first and second paragraphs (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F54 Words in Art. 112 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(12)(b)(i); and words in Art. 112 substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(11)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F55 Words in Art. 112 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(12)(b)(ii); and words in Art. 112 substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(11)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 112 W Threshold

[F67 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 [F68 received in one year by a beneficiary is equal to or less than £1250.].]

[F69 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 received in one year by a beneficiary is equal to or less than [F70 EUR 1250] [F70 £1250].]

Where the first paragraph of this Article applies the [F71 relevant authority] shall publish the information referred to in points (b), (c) and (d) of the first subparagraph of Article 111(1) and the beneficiary shall be identified by a code. [F72 The relevant authority] shall decide on the form of that code.

Extent Information

E2 This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F67 Words in Art. 112 substituted for the first and second paragraphs (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(12)(a)

F68 Words in Art. 112 substituted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(19)

F69 Words in Art. 112 substituted for the first and second paragraphs (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F70 Sum in Art. 112 substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 2(20)

F71 Words in Art. 112 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(12)(b)(i); and words in Art. 112 substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(11)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F72 Words in Art. 112 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(12)(b)(ii); and words in Art. 112 substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(11)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 112 E Threshold

[F73 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 [F74 agricultural support] received in one year by a beneficiary is equal to or less than EUR 1250.]

[F75 The relevant authority [F76 may] 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 received in one year by a beneficiary is equal to or less than EUR 1250.]

Where the first paragraph of this Article applies the [F77 relevant authority] shall publish the information referred to in points (b), (c) and (d) of the first subparagraph of Article 111(1) and the beneficiary shall be identified by a code. [F78 The relevant authority] shall decide on the form of that code.

Extent Information

E3 This version of this provision applies to England only; separate versions have been created for Wales, Scotland and Northern Ireland

Textual Amendments

F73 Words in Art. 112 substituted for the first and second paragraphs (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(12)(a)

F74 Words in Art. 112 substituted (E.) (1.1.2021 in so far as relates to direct payments) by The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 6(6); and words in Art. 112 substituted (S.) (1.1.2021 insofar as relates to direct payments) by The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 4(4); and words in Art. 112 substituted (N.I.) (23.2.2021 insofar as relates to direct payments) by The Direct Payments to Farmers (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/40), regs. 1(1), 5(5)

F75 Words in Art. 112 substituted for the first and second paragraphs (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F76 Word in Art. 112 substituted (E.) (1.1.2024) by The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), regs. 1(1), 3(2)

F77 Words in Art. 112 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(12)(b)(i); and words in Art. 112 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(11)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F78 Words in Art. 112 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(12)(b)(ii); and words in Art. 112 substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(11)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 113 U.K. Information of the beneficiaries

[F56 The relevant authority] shall inform the beneficiaries that their data [F57 will] [F57 may] be made public in accordance with Article 111 and that the data may be processed by auditing and investigating bodies F58 ... for the purpose of [F59 ensuring proper management of public funds].

In accordance with the requirements of [F60 Regulation (EU) No 2016/679 and the Data Protection Act 2018], where personal data is concerned, the [F61 relevant authority] shall inform the beneficiaries of their rights under the data protection rules and of the procedures applicable for exercising those rights.

Textual Amendments

F56 Words in Art. 113 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(13)(a)(i); and words in Art. 113 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(12)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F57 Word in Art. 113 substituted (E.) (1.1.2024) by The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), regs. 1(1), 3(3)

F58 Words in Art. 113 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(13)(a)(ii); and words in Art. 113 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(12)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F59 Words in Art. 113 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(13)(a)(iii); and words in Art. 113 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(12)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F60 Words in Art. 113 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(13)(b)(i); and words in Art. 113 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(12)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F61 Words in Art. 113 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(13)(b)(ii); and words in Art. 113 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(12)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 114 U.K. [F62 [F63 Appropriate authority] powers] [F62 Powers]

The [F64 appropriate authority may make regulations] laying down rules on:

(a)

the form, including the way of presentation by measure, and the calendar of the publication foreseen in Articles 111 and 112;

(b)

the uniform application of Article 113;

(c)

F65 ...

F66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62 Art. 114 heading substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 2(21)

F63 Words in Art. 114 heading substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(14)(a)

F64 Words in Art. 114 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 26(a); 2020 c. 1, Sch. 5 para. 1(1)

F65 Art. 114(c) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 26(b); 2020 c. 1, Sch. 5 para. 1(1)

F66 Words in Art. 114 omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 26(c); 2020 c. 1, Sch. 5 para. 1(1)