Agriculture Act 2020

PART 1 Financial support after EU exit

Direct payments after EU Exit: interpretation

1 (1) This paragraph defines or explains expressions used in this paragraph and paragraphs 2 to 4.

(2) The “basic payment scheme” is the Basic Payment Scheme under the Direct Payments Regulation (see Title III of that Regulation), as it operates in relation to Northern Ireland, including the arrangements relating to each of the following elements of direct payments under the scheme—

(a) a basic payment for farmers (see Chapter 1 of Title III),

(b) a greening payment (see Chapter 3 of Title III),

(c) a young farmers payment (see article 50 of that Regulation),

(d) if a decision to make such payments is taken, a redistributive payment (see Chapter 2 of Title III), and

(e) if provision under paragraph 2(1)(b) is made, a payment for areas with natural constraints.

(3) The “coupled support scheme” is the voluntary coupled support scheme under the Direct Payments Regulation as the Regulation applies in relation to Northern Ireland (see Chapter 1 of Title IV of the Regulation).

(4) The “legislation governing the basic payment scheme” is—

(a) the following retained direct EU legislation—

(i) the Direct Payments Regulation;

(ii) any Council Delegated Regulation, or Commission Delegated Regulation, made under the Direct Payments Regulation;

(iii) any other retained direct EU legislation which relates to the operation of the basic payment scheme; and

(b) any subordinate legislation relating to retained direct EU legislation falling within paragraph (a).

(5) The “legislation governing the coupled support scheme” is—

(a) the following retained direct EU legislation—

(i) the Direct Payments Regulation so far as relating to the coupled support scheme,

(ii) any Council Delegated Regulation, or Commission Delegated Regulation, made under the Direct Payments Regulation and so far as relating to the coupled support scheme,

(iii) any other retained direct EU legislation which relates to the coupled support scheme, and

(b) any subordinate legislation relating to retained direct EU legislation falling within paragraph (a).

(6) The “Direct Payments Regulation” is Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy.

Power to modify legislation governing the basic payment scheme

2 (1) DAERA may by regulations modify legislation governing the basic payment scheme for or in connection with—

(a) making changes DAERA considers will simplify or improve the scheme (so far as it operates in relation to Northern Ireland);

(b) making provision, including provision corresponding to that made in Chapter 4 of Title III of the Direct Payments Regulation as it has effect in EU law immediately before exit day, for the elements of a direct payment under the scheme as it operates in relation to Northern Ireland to include a payment for areas with natural constraints.

(2) The provision which may be made under sub-paragraph (1)(a) includes provision made for or in connection with terminating either or both of greening payments and young farmers payments in relation to Northern Ireland.

(3) Regulations under this paragraph are subject to affirmative resolution procedure.

Power to provide for the continuation of the basic payment scheme beyond 2020

3 (1) DAERA may by regulations modify legislation governing the basic payment scheme to make provision for or in connection with securing that the basic payment scheme continues to operate in relation to Northern Ireland for one or more years beyond 2020.

(2) The power conferred by sub-paragraph (1) includes power to provide for the direct payments ceiling for Northern Ireland for any relevant year to be determined, in a specified manner, by DAERA.

(3) Provision made by virtue of sub-paragraph (2)—

(a) must require a determination in respect of a relevant year to be published as soon as practicable after it has been made, and

(b) may confer functions on any person in connection with, or with the making of, a determination in respect of a relevant year.

(4) In this paragraph—

• “the direct payments ceiling for Northern Ireland” is the national ceiling of the kind referred to in Article 6 of the Direct Payments Regulation that is applicable in relation to Northern Ireland for any relevant year;

• “relevant year” means a year in respect of which direct payments under the basic payment scheme fall, as a result of provision under sub-paragraph (1), to be made in relation to Northern Ireland;

• “specified” means specified in regulations under this paragraph.

(5) Regulations under this paragraph are subject to affirmative resolution procedure.

Power to modify legislation governing the coupled support scheme

4 (1) DAERA may by regulations modify legislation governing the coupled support scheme for or in connection with—

(a) making provision for the continuation, in relation to Northern Ireland, of the option to make payments under the scheme after any time at which, without the provision, the option would terminate;

(b) making changes DAERA considers will simplify or improve the scheme so far as it operates, or could be operated, in relation to Northern Ireland.

(2) Regulations under this paragraph are subject to affirmative resolution procedure.

General provision connected with payments to farmers and other beneficiaries: modification in relation to Northern Ireland

5 (1) DAERA may by regulations modify any of the following legislation—

(a) retained direct EU legislation relating to the financing, management and monitoring of the common agricultural policy, and

(b) subordinate legislation relating to that legislation.

(2) Regulations under this paragraph may only be made for the purpose of—

(a) securing that any provision of legislation referred to in sub-paragraph (1) ceases to have effect in relation to Northern Ireland, or

(b) simplifying or improving the operation of any provision of such legislation in relation to Northern Ireland.

(3) In this paragraph “retained direct EU legislation relating to the financing, management and monitoring of the common agricultural policy” includes—

(a) Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy;

(b) retained direct EU legislation made under that Regulation.

(4) Regulations under this paragraph are subject to negative resolution procedure (unless section 50(5) applies).

Apiculture

6 (1) DAERA may by regulations modify any of the following legislation so far as it has effect in relation to Northern Ireland—

(a) retained direct EU legislation relating to apiculture, and

(b) subordinate legislation relating to that legislation.

(2) In this paragraph “retained direct EU legislation relating to apiculture” includes in particular—

(a) Articles 55 to 57 of the CMO Regulation, and

(b) retained direct EU legislation made under that legislation.

(3) Regulations under this paragraph are subject to negative resolution procedure (unless section 50(5) applies).

Support for rural development: modification of legislation in relation to Northern Ireland

7 (1) DAERA may by regulations modify any of the following legislation so far as it has effect in relation to Northern Ireland—

(a) retained direct EU legislation relating to support for rural development, and

(b) subordinate legislation relating to that legislation.

(2) In this paragraph “retained direct EU legislation relating to support for rural development” includes in particular—

(a) Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development,

(b) Regulation (EU) No 1310/2013 of the European Parliament and of the Council of 17 December 2013 laying down certain transitional provisions on support for rural development,

(c) Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development,

(d) so far as it relates to support for rural development, Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund etc,

(e) Council Regulation (EC) No 1257/99 of 17 May 1999 on support for rural development,

(f) Council Regulation (EEC) No 2080/92 of 30 June 1992 instituting a Community aid scheme for forestry measures in agriculture,

(g) Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside, and

(h) retained direct EU legislation made under the retained direct EU legislation in paragraphs (a) to (g).

(3) Regulations under this paragraph are subject to affirmative resolution procedure.