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The Direct Payments to Farmers (Amendment) Regulations (Northern Ireland) 2021

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EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations are made in exercise of the powers conferred by section 50(3)(d) and schedule 6 paragraphs 2, 3 and 5 of the Agriculture Act 2020 (c. 21) in order to make provision in retained EU law governing the direct payment schemes for securing the continuation of the basic payment scheme in Northern Ireland beyond 2020.

Regulations 2 to 4 amend Regulation (EU) No 1307/2013 (the “Direct Payments Regulation”), Regulation (EU) No 639/2014 and the Common Agricultural Policy Basic Payment and Support Schemes Regulations (Northern Ireland) 2015 to allow the basic payment scheme to function effectively beyond 2020. Regulation 2(3) introduces a new Article 5A to the Direct Payments Regulation which provides the manner in which to determine the direct payments ceiling in Northern Ireland beyond 2020.

Regulations 5 to 9 modify Regulations (EU) No 1306/2013, 809/2014, 640/2014, 907/2014 and 908/2014 to the extent necessary for the basic payment scheme to function effectively beyond 2020. Those EU regulations contain some of the rules governing the direct payment schemes as well as other schemes under the common agricultural policy. These regulations amend that body of law insofar as it relates to the direct payment schemes.

Regulations 2 to 9 also amend the retained EU law relating to the direct payment schemes to remove provisions which are spent or not in use.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

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