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

[F1 Amendment of Title 5 (Control systems and penalties) U.K.

7.— (1) For the heading of Article 58 substitute— “ Financial Management ”.

(2) In Article 58—

(a) in paragraph 1—

(i) for the words from “Member States” to “Union”, in the first place it occurs, substitute “ The relevant authority must take all measures necessary to ensure proper management of public money ”;

(ii) in point (a), for “the Funds” substitute “ direct payment support ”;

(iii) for point (d) substitute—

“(d) enforce penalties through legal proceedings, as necessary;”;

(b) in paragraph 2—

(i) for “Member States” substitute “ The relevant authority ”;

(ii) for “Union”, in the first place it occurs, substitute “ direct payment ”;

(iii) for the words from “minimising” to “Union” substitute “ ensuring proper management of public money ”;

(c) for paragraph 3 substitute—

“3.   Any conditions established by the relevant authority to supplement conditions for receiving direct payment support contained in retained direct EU legislation shall be verifiable.”;

(d) omit paragraph 4.

(3) In Article 59—

(a) in paragraph 1, for “Member States” substitute “ relevant authority ”;

(b) for paragraph 4 substitute

“4.   Where appropriate, all on-the-spot checks provided for in sectoral agricultural legislation shall be carried out at the same time.”;

(c) in paragraph 5 for “Member States”, in both places it occurs, substitute “ The relevant authority ”;

(d) in paragraph 6—

(i) omit “to be”;

(ii) omit “by the Commission”.

(4) In Article 62—

(a) In the heading, remove “Commission”;

(b) in paragraph 2—

(i) for “Commission shall adopt implementing acts” substitute “ appropriate authority may make regulations ”;

(ii) in point (a)—

(aa) for “Member States” substitute “ relevant authority ”;

(bb) omit the words from “resulting” to the end;

(iii) for point (d) substitute—

“(d) the authorities responsible for performing compliance checks and the content and frequency of those checks;”;

(iv) omit point (f);

(v) omit the second subparagraph.

(5) In Article 63—

(a) In paragraph 1, omit the second subparagraph;

(b) in paragraph 2—

(i) for “Member States” substitute “ the relevant authority ”;

(ii) omit “Article 64 and”;

(c) in paragraph 4, for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ”;

(d) in paragraph 5—

(i) for “The Commission shall adopt implementing acts” substitute “ The appropriate authority may make regulations ”;

(ii) omit the second subparagraph.

(6) In Article 67—

(a) in paragraph 1, for “Each Member State shall set up and” substitute “ The relevant authority must ”;

(b) for paragraph 2 substitute—

“2.   The integrated system shall apply to the support schemes listed in Annex I of Regulation (EU) No 1307/2013.”;

(c) in paragraph 4—

(i) in point (a), for “Member States may lay” substitute “ nothing in this Regulation prevents the relevant authority from laying ”;

(ii) in point (b)—

(aa) omit “the single area payment scheme and”;

(bb) for “Chapters 1 and” substitute “ Chapter ”;

(cc) omit “; the payment for areas with natural constraints referred to in Chapter 4 of Title III of Regulation (EU) No 1307/2013”;

(dd) omit the words from “; the crop” to the end.

(7) In Article 68, omit paragraphs 3 and 4.

(8) In Article 69—

(a) in paragraph 1—

(i) in the second subparagraph—

(aa) for “Member State” substitute “ constituent nation ”;

(bb) for the last sentence substitute “ The database shall allow direct and immediate access to the data relating to at least the previous four consecutive years and for data related to “permanent grassland and permanent pasture” as defined in point (h) of Article 4(1) of Regulation (EU) No 1307/2013, relating to at least the previous five consecutive calendar years. ”

(ii) omit the third subparagraph;

(b) for paragraph 2, substitute—

“2.   A decentralised computerised database may be set up in each constituent nation on condition that these, and the administrative procedures for recording and accessing data must be designed to be homogenous throughout the United Kingdom and are compatible with one another to allow for cross checks.”.

(9) In Article 70—

(a) in paragraph 1—

(i) in the first subparagraph, omit the last sentence;

(ii) in the second subparagraph, for “Member States” substitute “ the relevant authority ”;

(b) in paragraph 2, for “Member States” substitute “ The relevant authority ”.

(10) In Article 71(2), for “Member State” substitute “ constituent nation ”.

(11) In Article 72—

(a) for paragraph 1 substitute—

“1.   Each year, a beneficiary of direct payment support must submit an application, indicating, where applicable:

(a) all the agricultural parcels on the holding, as well as the non-agricultural area for which support referred to in Article 67(2) is claimed;

(b) the payment entitlements declared for activation;

(c) any other information provided for in this Regulation or the relevant sectoral agricultural legislation or by the relevant authority concerned.

The relevant authority must determine the minimum size of agricultural parcels in respect of which an application may be made. However, the minimum size shall not exceed 0,3 .”.

(b) in paragraph 2—

(i) for “Member States” substitute “ the relevant authority ”;

(ii) omit point (b);

(c) in paragraph 3—

(i) in the first subparagraph, for “Member States” substitute “ The relevant authority ”;

(ii) in the second subparagraph, for “A Member State” substitute “ The relevant authority ”;

(iii) omit the third subparagraph;

(d) in paragraph 4, for “A Member State” substitute “ The relevant authority ”.

(e) in paragraph 5—

(i) for the words from the beginning to “1182/71, the” substitute “ The ”;

(ii) for the words “Commission” to “Article 115” substitute “ appropriate authority may make regulations ”.

(12) In Article 74—

(a) in paragraph 1—

(i) for “Member States” substitute “ the relevant authority ”;

(ii) for “them” substitute “ the relevant authority ”;

(b) in paragraph 2, for “Member States” substitute “ the relevant authority ”;

(c) in paragraph 3, for “Member States” substitute “ The relevant authority ”.

(13) In Article 75—

(a) in paragraph 1—

(i) for “Member States” substitute “ the relevant authority ”;

(ii) omit “of up to 50%”;

(b) in paragraph 2, for “Member States” substitute “ relevant authority ”;

(c) in paragraph (3)—

(i) for “Commission shall adopt implementing acts” substitute “ appropriate authority may make regulations ”;

(ii) for “implementing acts”, in the second place it occurs, substitute “ regulations ”;

(iii) omit the last sentence.

(14) In Article 76—

(a) in paragraph 1—

(i) for “protects the financial interests of the Union” substitute “ ensures proper management of public money ”;

(ii) for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ”;

(iii) for point (a) substitute—

“(a) specific definitions needed to ensure a harmonised implementation of the integrated system;”;

(iv) in point (b), omit “by the Member States”;

(b) in paragraph 2—

(i) for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ”;

(ii) in point (c), for the words from “such” to “eligible area” substitute “ such rules may allow, in relation to areas under permanent grassland, for scattered landscape features and trees, the total area of which does not exceed a specified percentage of the reference parcel, to be part of the eligible area automatically ”.

(15) In Article 77—

(a) in paragraph 2—

(i) in point (e), for “to be set by the Commission” substitute “ set ”;

(ii) in point (f), for “to be defined by the Commission” substitute “ as defined ”.

(b) in paragraph 6, for the third subparagraph substitute—

“The amount of such administrative penalties for a given year shall not exceed 25% of the amount of the payment referred to in Chapter 3 of Title III of Regulation (EU) No 1307/2013 to which the farmer concerned would be entitled if the farmer met the conditions for that payment.”.

(c) in paragraph 7—

(i) for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ”;

(ii) omit “by Member States”;

(d) in paragraph 8—

(i) for “The Commission shall adopt implementing acts” substitute “ The appropriate authority may make regulations ”;

(ii) omit the second subparagraph.

(16) In Article 78—

(a) for “The Commission shall adopt implementing acts” substitute “ The appropriate authority may make regulations ”;

(b) in point (b), for the words from “Member” to the end substitute “ for the application of simplified procedures or correction of obvious errors ”;

(c) omit the last sentence.]

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. 7 comes into force on "exit day", see reg. 1(2)