The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020

[F1 Amendment of Title 1 (Scope and Definitions) U.K.

3.— (1) In Article 1—

(a) in point (a), for the words from “under” to the end substitute “ for direct payments ”;

(b) in point (c), for “Member States” substitute “ relevant authority ”;

(c) omit point (e).

(2) In Article 2—

(a) in paragraph 1—

(i) for point (f), substitute—

“(f) “sectoral agricultural legislation” means, insofar as it relates to direct payments:

(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);”;

(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) “direct payment support” means financial support granted under any of the support schemes listed in Annex I to Regulation (EU) No 1307/2013;

(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” 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;”.

(m) “appropriate authority” means:

(i) subject to point (ii), the relevant authority for the constituent nation in which the regulations apply;

(ii) the Secretary of State:

(aa) in relation to Scotland, if consent is given by the Scottish Ministers;

(bb) in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.”.

(iv) in paragraph 2, for “the CAP” substitute “ expenditure on direct payments and for the purposes of sectoral agricultural legislation ”.]

Textual Amendments

F1 Regulations revoked (E.) (1.1.2024) by The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (S.I. 2023/1430), reg. 1(2)(a), Sch. 3 para. 1 Table 2 (with Sch. 3 Pt. 2)

Commencement Information

I1 Reg. 3 comes into force on "exit day", see reg. 1(2)