The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014

PART 1 U.K. INTRODUCTION

Citation, commencement, application and extent U.K.

1.—(1) These Regulations may be cited as the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 and come into force on 1st January 2015.

(2) Subject to paragraphs (3) and (4), these Regulations apply in England only.

(3) A revocation of a statutory instrument by regulation 35 and Schedule 5 has the same application and extent as the statutory instrument being revoked.

(4) The following provisions extend to the United Kingdom—

(a) regulations 3, 4, 9(1) and 34;

(b) regulations 20 to 29 and, so far as relevant to regulation 21, regulation 33;

(c) paragraphs (2) and (7) and, so far as relevant to paragraph (2), paragraph (10) of regulation 35; and

(d) regulation 2 so far as relevant to any of the regulations mentioned in sub-paragraphs (a) and (b).

Interpretation U.K.

2.—(1) In these Regulations—

“the Common Provisions Regulation” means Regulation (EU) No. 1303/2013 of the European Parliament and of the Council 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; [F1 as amended by the European Structural and Investment Funds Common Provisions (Amendments) (EU Exit) Regulations 2019;]

“the Direct Payments Delegated Regulation” means Commission Delegated Regulation (EU) No. 639/2014 supplementing the Direct Payments Regulation M1 ;

“the Direct Payments Implementing Regulation” means Commission Implementing Regulation (EU) No. 641/2014 laying down rules for the application of the Direct Payments Regulation M2 ;

“the Direct Payments Regulation” means Regulation (EU) No. 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy M3 ;

“the European Regulations” means—

(a)

the Common Provisions Regulation;

(b)

the Direct Payments Delegated Regulation;

(c)

the Direct Payments Implementing Regulation;

(d)

the Direct Payments Regulation;

(e)

the Horizontal Delegated Regulation;

(f)

the Horizontal Finance Implementing Regulation;

(g)

the Horizontal Implementing Regulation;

(h)

the Horizontal Regulation;

(i)

the Rural Development Delegated Regulation;

(j)

the Rural Development Implementing Regulation;

(k)

the Rural Development Regulation; and

(l)

the SCMO Regulations.

“the Horizontal Delegated Regulation” means Commission Delegated Regulation (EU) No. 640/2014 supplementing Regulation (EU) No. 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance M4 ;

“the Horizontal Finance Implementing Regulation” means Commission Implementing Regulation (EU) No. 908/2014 laying down rules for the application of Regulation (EU) No. 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency M5 ;

“the Horizontal Implementing Regulation” means Commission Implementing Regulation (EU) No. 809/2014 laying down rules for the application of Regulation (EU) No. 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance M6 ;

“the Horizontal Regulation” means Regulation (EU) No. 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy M7 ;

“Regulation 1698/2005” means Council Regulation (EC) No. 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) etc M8 ;

“the Rural Development Delegated Regulation” means Commission Delegated Regulation (EU) No. 807/2014 supplementing the Rural Development Regulation M9 ;

“the Rural Development Implementing Regulation” means Commission Implementing Regulation (EU) No. 808/2014 laying down rules for the application of the Rural Development Regulation M10 ;

“the Rural Development Regulation” means Regulation (EU) No. 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development M11 ;

“the SCMO Regulations” means the Regulations listed in Schedule 1, as amended from time to time;

F2 ...

“area-related aid schemes” has the meaning given by Article 2(20) of the Horizontal Delegated Regulation;

“authorised person”, except in Part 4, means any person who is authorised by the Secretary of State, the Forestry Commissioners or Natural England, either generally or specifically, whether or not an officer or employee of that authority, to act in relation to matters arising under these Regulations;

“beneficiary”, except in Schedule 2, has the meaning given by sub-paragraph (1) of Article 2(1) of the Horizontal Delegated Regulation;

[F3 “CMO support” means financial support granted under—

(a)

Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (“Regulation 1308/2013”);

(b)

any regulations made under, or delegated or implementing acts adopted on the basis of, Regulation 1308/2013;

(c)

any delegated or implementing acts adopted on the basis of Council Regulation (EC) No1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products;

(d)

Regulation (EU) No 1144/2014 of the European Parliament and of the Council on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries (“Regulation 1144/2014”);

(e)

any regulations made under, or delegated or implementing acts adopted on the basis of, Regulation 1144/2014;]

“commitment”, except in regulation 35(3) and (4), means an undertaking to the Secretary of State or other delivery body to comply with any requirement which is a condition of receiving a rural development payment;

“competent authority” F4 ... means—

(a)

in England, the Secretary of State;

(b)

in Northern Ireland, the Department of Agriculture and Rural Development;

(c)

in Scotland, the Scottish Ministers;

(d)

in Wales, the Welsh Ministers;

“delivery body” means—

(a)

the Forestry Commissioners;

(b)

Natural England;

(c)

the Secretary of State; or

(d)

any local action group and, where relevant, its accountable body;

[F5 “direct payments” means payments granted under the Direct Payments Regulation;]

F6 ...M12

F6 ...

“farmer” has the meaning given by Article 4(1)(a) of the Direct Payments Regulation;

“local action group” means a group which has been selected to implement a local development strategy in accordance with Article 34 of the Common Provisions Regulation;

“non-compliance” has the meaning given by Article 2(2)(b) of the Horizontal Delegated Regulation;

“officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body or any person purporting to act in such capacity;

“officer” or “member”, in relation to an unincorporated association, includes any person purporting to act in such capacity;

“partner” includes any person purporting to act in such capacity;

“partnership” does not include a limited liability partnership;

“rural development applicant” means any person who makes a rural development application;

“rural development application” means an application to the Secretary of State or other delivery body to enter into a commitment;

“rural development beneficiary” means a person who has entered into a commitment;

[F7 “rural development payment” means any payment made by the Secretary of State under Title III of the Rural Development Regulation or Title III, Chapter II of the Common Provisions Regulation except in regulations 9(2A)(b) and 35(4) (where it has the meaning given in those regulations);]

“single application”, except in regulations 3(3)(b) and 35(2), means an application for direct payments in relation to area-related aid schemes;

“unincorporated association” does not include a partnership.

[F8 (1A) In paragraph (1) “accountable body” means a body responsible for carrying out administrative and financial activities on behalf of a local action group in accordance with Article 34(2) of the Common Provisions Regulation.]

[F9 (1B) In these Regulations, references to the Horizontal Delegated Regulation, the Horizontal Implementing Regulation and the Horizontal Regulation are, to the extent that they relate to the direct payments for claim year 2020, references to those Regulations incorporated into domestic law and amended under the Direct Payments to Farmers (Legislative Continuity) Act 2020.]

(2) Other terms used in these Regulations that are also used in any of the European Regulations have the meaning they bear in those Regulations.

Textual Amendments

F1 Words in reg. 2(1) inserted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 2; 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 2(1) omitted (1.1.2016) by virtue of The Common Agricultural Policy (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1997), regs. 1(2), 6(a)

F3 Words in reg. 2(1) inserted (31.12.2020) by The Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/733), regs. 1, 5(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 2 omitted in so far as they relate to direct payments (W.) (31.12.2020) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 11(2); words in reg. 2 omitted (E.S.) (1.1.2021) by virtue of The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020 (S.I. 2020/1387), regs. 1(1), 3(2) and The Common Agricultural Policy (Simplifications and Improvements) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/349), regs. 1, 6(2); and words in reg. 2 omitted (N.I.) (25.2.2021) by virtue of The Direct Payments to Farmers (Simplifications) Regulations (Northern Ireland) 2021 (S.R. 2021/42), regs. 1(1), 14(2)

F5 Words in reg. 2(1) substituted (31.1.2020) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 16(2)(a)

F6 Words in reg. 2(1) omitted (31.12.2020) by virtue of The Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/733), regs. 1, 5(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in reg. 2 substituted (1.1.2016) by The Common Agricultural Policy (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1997), regs. 1(2), 6(b)

F8 Reg. 2(1A) inserted (1.1.2016) by The Common Agricultural Policy (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1997), regs. 1(2), 6(c)

F9 Reg. 2(1B) inserted (31.1.2020) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 16(2)(b)

Marginal Citations

M1 OJ No. L 181, 20.6.2014, p. 1.

M2 OJ No. L 181, 20.6.14, p. 74.

M3 OJ No. L 347, 20.12.2013, p. 608, as amended by Regulation (EU) No. 1310/2013 of the European Parliament and of the Council (OJ No. L 347, 20.12.2013, p. 865).

M4 OJ No. L 181. 20.6.2014, p.48.

M5 OJ No. L 255, 28.8.2014, p. 59.

M6 OJ No. L 227, 31.7.2014, p. 69.

M7 OJ No. L 347, 20.12.2013, p.549, amended by Regulation (EU) No. 1310/2013 of the European Parliament and of the Council (OJ No. L 347, 20.12.2013, p. 865).

M8 OJ No. L 277, 21.10.2005, p. 1, as last amended by Regulation (EU) No 1312/2011 of the European Parliament and of the Council (OJ No. L 339, 21.12.2011, p. 1).

M9 OJ No. L 227, 31.7.2014, p. 1.

M10 OJ No. L 227, 31.7.2014, p. 18.

M11 OJ No. L 347, 20.12.2013, p.487, amended by Regulation (EU) No. 1310/2013 of the European Parliament and of the Council (OJ No L. 347, 20.12.2013, p. 865).

M12 OJ No. L 209, 11.8.2005, p. 1, repealed by Regulation (EU) No. 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy (OJ No. L 347, 20.12.2013, p. 549).