The Rules for Direct Payments to Farmers (Amendment) Regulations 2020

[F1 Amendment of Title 2 (General provisions on direct payments) U.K.

4.— (1) For Article 6(1) substitute—

“1.   For each year, the national ceiling for the United Kingdom comprising the total value of all allocated payment entitlements, of all national reserves and regional reserves and of all the ceilings calculated in accordance with Articles 42, 47, 51 and 53 is as set out in Annex II.

Where a relevant authority makes a decision under Article 22(2) to increase the amount which represents its share of the basic payment scheme ceiling, the national ceiling set out in Annex II for the United Kingdom for the respective year may be exceeded by the sum of the increases decided pursuant to that Article in respect of that year.”.

(2) Omit Article 6(2).

(3) In Article 6(3)(1)—

(a) omit “by Member States”;

(b) omit “Article 136a of Regulation (EC) No 73/2009 and”;

(c) for the words from “and those resulting” to “Article 70 of this Regulation” substitute “, the Secretary of State may make regulations”.

(4) After Article 6(3) insert—

“4.   The Secretary of State may not make regulations under paragraph 3 without the consent of each of the relevant authorities for Wales, Scotland and Northern Ireland.

5.   Where the relevant authority for Wales, Scotland or Northern Ireland requests that the Secretary of State makes regulations under paragraph 3, the Secretary of State must have regard to that request.”.

(5) In Article 7(1)—

(a) For “Without prejudice to Article 8, the” substitute “The” ;

(b) for “a Member State”—

(i) in the first place it occurs, substitute “the United Kingdom”;

(ii) in the second place it occurs, substitute “a constituent nation”;

(c) after “higher than”, in the second place it occurs, insert “its share of”;

(d) for “that Member State” substitute “the relevant authority”;

(e) omit the words from “with the exception” to the end.

(6) For Article 7(2) substitute—

“2.   For calendar year 2020, the estimated product of the reduction of payments referred to in Article 11 (which is reflected by the difference between the national ceiling set out in Annex II and the net ceiling set out in Annex III) shall be made available as support for measures under rural development.

2A.   References to “rural development” in this Article and in Article 14 include measures which are conducive to:

(a) the conservation or enhancement of the natural beauty or amenity of the countryside (including its flora and fauna and geological and physiographical features) or of any features of archaeological interest there; or

(b) the promotion of the enjoyment of the countryside by the public; or

(c) starting, or improving the productivity of, an agricultural, horticultural or forestry activity or a rural business; or

(d) starting, promoting or improving rural services.”.

(7) In Article 7(3)(2)—

(a) Omit “”by Member States”;

(b) For the words from “the Commission” to “Article 70” substitute “the Secretary of State may make regulations”.

(8) After Article 7(3) insert—

“4.   The Secretary of State may not make regulations under paragraph 3 without the consent of each of the relevant authorities for Wales, Scotland and Northern Ireland.

5.   Where the relevant authority for Wales, Scotland or Northern Ireland requests that the Secretary of State makes regulations under paragraph 3, the Secretary of State must have regard to that request.”.

(9) Omit Article 8.

(10) In Article 9—

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

(b) in paragraph 2—

(i) for the second subparagraph substitute—

“Nothing in this Regulation prevents the relevant authority from adding to the list in the first subparagraph any other similar non-agricultural businesses or activities or from removing any such additions, provided that any such additions and removals are appropriate and made on the basis of objective and non-discriminatory criteria.”;

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

(c) in paragraphs 3 and 3a, for the words from the beginning to “decide” substitute “Nothing in this Regulation prevents the relevant authority from deciding”;

(d) for paragraph 4 substitute—

“4.   Paragraphs 2, 3 and 3a do not apply to farmers who received direct payments for the previous year, if the amount of those direct payments was no more than the amount set by the relevant authority in accordance with this Regulation prior to exit day.”;

(e) in paragraph 5—

(i) for the words from “Commission” to “Article 70” substitute “appropriate authority may make regulations”;

(ii) in point (c), omit the words from “direct”, in the second place it occurs, to “concerning”, in the second place it occurs;

(f) omit paragraph 6;

(g) for paragraph 7 substitute—

“7.   Nothing in this Regulation prevents the relevant authority from deciding that only one or two of the criteria listed in the third subparagraph of paragraph 2 applies.”;

(h) for paragraph 8 substitute—

“8.   The relevant authority may decide to stop applying paragraph 2.”.

(11) For Article 10 substitute—

“Article 10 U.K. Minimum requirements for receiving direct payments

1.   Subject to paragraph 2, the relevant authority shall not grant direct payments to a farmer where the eligible holding for which direct payments are claimed or due to be granted before the application of Article 63 of Regulation (EU) No 1306/2013 is smaller than the area set in legislation applying to the constituent nation.

2.   In the case of farmers receiving the animal-related coupled support referred to in Title IV, the area threshold determined in accordance with paragraph 1 does not apply, but the relevant authority shall not grant direct payments where the total amount of direct payments claimed or due to be granted before the application of Article 63 of Regulation (EU) No 1306/2013 in a given calendar year is less than EUR 100.”.

(12) In Article 11—

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

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

(c) in paragraph 3—

(i) for “a Member State”, in both places it occurs, substitute “the relevant authority”;

(ii) after “5%”, in both places it occurs, insert “of its share”;

(iii) omit “set out in Annex II”, in both places it occurs;

(iv) for “that Member State” substitute “the relevant authority”;

(d) omit paragraphs 5 and 6.

(13) For Article 14 substitute—

“Article 14 U.K. Flexibility between pillars

The relevant authority may make available, as additional support for measures under rural development, up to 15% of its share of the national ceiling for calendar year 2020 provided that such a decision was taken and notified to the Commission by 31 December 2019. The amount made available for rural development under this paragraph shall no longer be available for granting direct payments.”.

(14) Omit Articles 15, 17, 19 and 20.]

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. 4 in force at 31.1.2020 at 11.00 p.m. on exit day (in accordance with 2018 c. 16, s. 20(1)-(5)), see reg. 1(2)

(1)

Article 6(3) is amended by section 5(2) of the Direct Payments to Farmers (Legislative Continuity) Act 2020 c.2.

(2)

Article 7(3) is amended by section 5(3) of the Direct Payments to Farmers (Legislative Continuity) Act 2020 c.2.