The Common Agricultural Policy (Control and Enforcement) Regulations (Northern Ireland) 2015

Title, commencement and interpretation N.I.

1.—(1) These Regulations may be cited as the Common Agricultural Policy (Control and Enforcement) Regulations (Northern Ireland) 2015 and shall come into operation on 30th April 2015.

(2) The Interpretation Act (Northern Ireland) 1954 M1 shall apply to these Regulations as it applies to an Act of the Assembly.

(3) In these Regulations—

“the European Regulations” means those European Regulations listed in the Schedule;

“the Horizontal Delegated Regulation” means Commission Delegated Regulation (EU) No. 640/2014 supplementing Regulation (EU) No. 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance M2 ;

“the Horizontal Implementing Regulation” means 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 systems, rural development measures and cross compliance M3 ;

“the Horizontal Regulation” means Regulation (EU) No. 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy M4 ;

“Council Regulation 73/2009” means Council Regulation (EC) No. 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers M5 ;

“Council Regulation 1698/2005” means Council Regulation (EC) No. 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development etc M6 ;

“Council Regulation 1782/2003” means Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers M7 ;

“Regulation (EU) No. 1305/2013” means 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 M8 ;

“area-related aid schemes” has the meaning given in Article 2(20) of the Horizontal Delegated Regulation;

“authorised person” means a person authorised in writing by the Department for the purposes of these Regulations;

[F1 “direct payment” has the meaning given in Article 1 of the Direct Payments Regulation (EU) No. 1307/2013;]

“beneficiary” has the meaning given by sub-paragraph (1) of Article 2(1) of the Horizontal Delegated Regulation;

“the Department” means the Department of Agriculture and Rural Development;

“proper address” means that person's last known address;

“single application” means an application for direct payments in relation to area-related aid schemes.

[F2 (3A) References in these Regulations to the Horizontal Delegated Regulation, the Horizontal Implementing Regulation and the Horizontal Regulation are, to the extent that they relate to the direct payments for claim year 2020, references to those Regulations as they exist in domestic law.]

(4) Other terms used in these Regulations that are also used in any of the European Regulations have the meaning they bear in those Regulations.

Textual Amendments

F1 Words in reg. 1(3) substituted (24.2.2020) by The Common Agricultural Policy (Direct Payments to Farmers) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020 (S.R. 2020/22), regs. 1(1), 3(2)(a)

F2 Reg. 1(3A) inserted (24.2.2020) by The Common Agricultural Policy (Direct Payments to Farmers) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020 (S.R. 2020/22), regs. 1(1), 3(2)(b)

Marginal Citations

M1 1954 c.33 (NI).

M2 O.J. No. L 181. 20.6.2014, p.48

M3 O.J. No. L 227, 31.7.2014, p.69

M4 O.J. No. L 347, 20.12.2013, p.549, amended by Regulation (EU) No. 1310/2013 of the European Parliament and of the Council (O.J. No. L 347, 20.12.2013, p.865).

M5 O.J. No. L 30, 31.1.2009, p.16, as last amended by Commission Implementing Regulation (EU) No. 320/2014 (O.J. No. L 93, 28.3.2014, p.81) and repealed on 1st January 2015 by Article 72(2) of the Direct Payments Regulation.

M6 O.J. No. L 277, 21.10.2005, p.1, as last amended by Regulation (EU) No. 1312/2011 of the European Parliament and of the Council (O.J. No. L 339, 21.12.2011, p.1).

M7 O.J. No. L 270, 21.10.2003, p.1, as last amended by Council Regulation (EC) No. 1009/2008 (O.J. No. L 276, 17.10.2008, p.1) and repealed on 1st January 2009 by Council Regulation (EC) No. 73/2009 (O.J. No. L 30.1.2009, p.16).

M8 O.J. No. L 347, 20.12.2013, p.487, amended by Regulation (EU) No. 1310/2013 of the European Parliament and of the Council (O.J. No. L. 347, 20.12.2013, p.865).