Title 1 (Scope and Definitions)U.K.
This section has no associated Explanatory Memorandum
3.—(1) In Article 1—
(a)in point (a), for the words from “under” to the end substitute “ on agricultural support ”;
(b)in point (c), for “Member States” substitute “ relevant authority ”;
(c)omit point (e).
(2) In Article 2—
(a)in paragraph 1—
[(ai)omit point (e)]
(i)for point (f), substitute—
“(f)‘sectoral agricultural legislation’ means [, insofar as it relates to agricultural support]:
(i)any applicable acts adopted within the framework of the common agricultural policy on the basis of Article 43 TFEU;
(ii)any delegated or implementing acts adopted on the basis of acts referred to in point (i);
(iii)regulations made in the exercise of powers under any act referred to in point (i);
(iv)Part Two of Regulation (EU) No 1303/2013 insofar as it applies to support for rural development;”;
(ii)for point (g), substitute—
“(g)‘irregularity’ means any infringement of a provision of sectoral agricultural legislation resulting from an act or omission by an economic operator, where the infringement results, or would result, in a reduction or loss of public revenue or an unjustified item of expenditure;”;
(iii)after point (g), insert—
[“(h) “constituent nation” means England, Wales, Scotland or Northern Ireland, as the case may be;
(i)“agricultural support” means support for rural development and CMO support;
(j)“economic operator” means any person or public entity or group of such persons or entities, including any temporary association of undertakings, which offers the execution of works or a work, the supply of products or the provision of services on the market;
(k)“relevant authority”, unless otherwise defined in this Regulation, means:
(i)in England, the Secretary of State;
(ii)in Wales, the Welsh Ministers;
(iii)in Scotland, the Scottish Ministers;
(iv)in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;
(l)“relevant accounting officer” means:
(i)in England, the accounting officer for the Department for Environment, Food and Rural Affairs;
(ii)in Wales, the Permanent Secretary of the Welsh Government;
(iii)in Scotland, the Permanent Secretary of the Scottish Government;
(iv)in Northern Ireland, the Permanent Secretary of the Department of Agriculture, Environment and Rural Affairs;
(n) “CMO support” means financial support granted under:
(i)Regulation (EU) No 1308/2013 or any regulations made under, or delegated or implementing acts adopted on the basis of, that Regulation;
(ii)any delegated or implementing acts adopted on the basis of Regulation (EC) No 1234/2007;
(iii)Regulation (EU) No 1144/2014 or any regulations made under, or delegated or implementing acts adopted on the basis of, that Regulation;]
(o)‘support for rural development’ means financial support granted under Title III of Regulation (EU) No 1305/2013 or Title III, Chapter II of Regulation (EU) No 1303/2013;”;
(b)in paragraph 2, for “the CAP” substitute “ expenditure on agricultural support and for the purposes of sectoral agricultural legislation ”;
(c)after paragraph 2 insert—
“3. In this Regulation, references to Regulation (EU) No 1303/2013 are references to that Regulation as amended by the European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 .”.
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