The Common Agricultural Policy (Simplifications and Improvements) (Miscellaneous Amendments) (Scotland) Regulations 2020

Amendment of Commission Implementing Regulation (EU) 809/2014

7.—(1) Commission Implementing Regulation (EU) No 809/2014 of 17 July 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(1), is amended as follows.

(2) In Article 25 (announcement of on-the-spot checks)—

(a) in paragraph 1—

(i) in the first sentence omit “provided that it does not interfere with their purpose or effectiveness”,

(ii) in the second sentence omit “strictly” and after “days” insert “, except in duly justified cases”,

(b) in paragraph 2 omit from “for” to “Furthermore,”.

(3) In Article 30 (control rate for area-related aid schemes other than the payment for agricultural practices beneficial for the climate and environment)—

(a) in point (a)—

(i) in the first sentence for “5%” substitute “3%”,

(ii) omit the second sentence,

(b) in point (d)—

(i) for “5%” substitute “3%”.

(4) In Article 31(1) (control rate for the greening payment)—

(a) in point (a), for “5%”, in both places it occurs, substitute “3%”,

(b) in points (b)(i) and (ii)—

(i) omit “both the crop diversification and”,

(ii) for “Articles 44 and” substitute “Article”.

(5) In Article 32(1) (control rate for rural development measures)—

(a) in the first sentence for “5%” substitute “3%”,

(b) omit the second sentence,

(c) omit the third sentence.

(6) In Article 33(1) (control rate for animal aid schemes)—

(a) in the first sentence for “5%” substitute “3%”,

(b) omit the second sentence,

(c) in the third sentence for “5%” substitute “3%”.

(7) In Article 34 (selection of the control sample)—

(a) in paragraph 2—

(i) in point (a) for “between 1 % and 1,25 % of the control population referred to in” substitute “between 20% and 25% of the minimum number of beneficiaries subject to on-the-spot checks in accordance with”,

(ii) in point (b) for “between 0,6 % and 0,75 % of the control population referred to in” substitute “between 20% and 25% of the minimum number of beneficiaries subject to on-the-spot checks in accordance with”,

(b) in paragraph 5, omit point (d).

(8) Omit Article 35 (increase of the control rate).

(9) Omit Article 36 (reduction of the control rate).

(10) In Article 37 (elements of on-the-spot checks), in paragraph 3, for “Articles 44 and” substitute “Article”.

(11) In Article 38 (area measurement), omit paragraph 6.

(12) In Article 48 (administrative checks), omit paragraph 5.

(13) In Article 50 (control rate and sampling of on-the-spot checks)—

(a) in paragraph 1 for “5%” substitute “3%”,

(b) omit paragraph 5,

(c) omit paragraph 6.

(1)

EUR 2014/809. This Regulation was incorporated into domestic law on exit day, insofar as it relates to direct payment schemes, by section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c.2). The remainder of this Regulation, insofar as it relates to rural development and common market organisation, is incorporated into domestic law on IP completion day by section 3 of the European Union (Withdrawal) Act 2018 (c.16). The Regulation was relevantly amended, in relation to direct payments, by S.I. 2020/90 and S.S.I 2020/244. The Regulation, in relation to rural development and common market organisation, is relevantly amended prospectively with effect from IP completion day by S.I. 2019/765 (as amended by the Agriculture (Payments) (Amendment, etc) (EU Exit) Regulations). Paragraph 1 of schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c.1) means that S.I. 2019/765 comes into force on IP completion day rather than on exit day as drafted. Some provisions that apply to both direct payments and rural development have been amended differently and two versions of the same provision exist in the Regulation.