The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) (Amendment) (England) Regulations 2018

Statutory Instruments

2018 No. 591

Agriculture, England

The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) (Amendment) (England) Regulations 2018

Made

14th May 2018

Laid before Parliament

14th May 2018

Coming into force

15th May 2018

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to the common agricultural policy(2), and makes these Regulations under the powers conferred by that section.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) (Amendment) (England) Regulations 2018 and come into force on 15th May 2018.

(2) They extend to England and Wales only.

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

2.—(1) Regulation 5 of the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014(3) (applications) is amended as follows.

(2) For paragraph (1) substitute—

“(1) For the purposes of Article 13(1) of the Horizontal Implementing Regulation, Article 1 of Commission Implementing Regulation 2018/701(4) and Article 12 of the Horizontal Delegated Regulation, the final date on which a single application, aid application or payment claim may be submitted to the Secretary of State is—

(a) if the relevant claim year is 2018 and the document being submitted is a payment claim relating to a commitment which takes effect from 1st January 2016, 1st January 2017 or 1st January 2018, 15th June;

(b) in all other cases, 15th May but if that date is a Saturday, Sunday, Bank Holiday or other public holiday, the next working day.”.

(3) In paragraph (2), at the end, add—

““Commission Implementing Regulation 2018/701” means Commission Implementing Regulation (EU) 2018/701 derogating from Implementing Regulation (EU) 809/2014 as regards the final date of submission of the single application, aid applications or payment claims, the final date for notification of amendments to the single application or payment claim and the final date for applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme for the year 2018.”.

George Eustice

Minister of State

Department for Environment, Food and Rural Affairs

14th May 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 (S.I. 2014/3263) (“the Control Regulations”) in reliance on the derogation provided for in Article 1 of Commission Implementing Regulation (EU) 2018/701 derogating from Implementing Regulation (EU) No 809/2014 as regards the final date of submission of the single application, aid applications or payment claims, the final date for notification of amendments to the single application or payment claim and the final date for applications for allocation of payment entitlements under the basic payment scheme for the year 2018 (OJ No. L 118, 14.5.2018, p. 5).

Regulation 2 substitutes regulation 5(1) of the Control Regulations to change the final date, in 2018, for submitting a rural development payment claim relating to commitments which take effect from 1^st January 2016, 1^st January 2017 or 1^st January 2018.

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

(1)

1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

(2)

S.I. 1972/1811, to which there are amendments not relevant to these Regulations.

(3)

S.I. 2014/3263, amended by S.I. 2015/1325 and S.I. 2017/655.

(4)

OJ No. L118, 14.5.2018, p.5.