The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019

Title 1 (Scope and Definitions)

3.—(1) In Article 1—

(a) in point (a), for the words from “under” to the end substitute “on agricultural support”;

(b) in point (c), for “Member States” substitute “relevant authority”;

(c) omit point (e).

(2) In Article 2—

(a) in paragraph 1—

(i) for point (f), substitute—

“(f) ‘sectoral agricultural legislation’ means:

(i) any applicable acts adopted within the framework of the common agricultural policy on the basis of Article 43 TFEU;

(ii) any delegated or implementing acts adopted on the basis of acts referred to in point (i);

(iii) regulations made in the exercise of powers under any act referred to in point (i);

(iv) Part Two of Regulation (EU) No 1303/2013 insofar as it applies to support for rural development;”;

(ii) for point (g), substitute—

“(g) ‘irregularity’ means any infringement of a provision of sectoral agricultural legislation resulting from an act or omission by an economic operator, where the infringement results, or would result, in a reduction or loss of public revenue or an unjustified item of expenditure;”;

(iii) after point (g), insert—

“(h) ‘agricultural support’ means direct payment support, support for rural development and CMO support”;

(i) ‘CMO support’ means financial support granted under:

(i) Regulation (EU) No 1308/2013 or any regulations made under, or delegated or implementing acts adopted on the basis of, that Regulation;

(ii) any delegated or implementing acts adopted on the basis of Regulation (EC) No 1234/2007;

(iii) Regulation (EU) No 1144/2014 or any regulations made under, or delegated or implementing acts adopted on the basis of, that Regulation;

(j) ‘constituent nation’ means England, Wales, Scotland or Northern Ireland, as the case may be;

(k) ‘direct payment support’ means financial support granted under any of the support schemes listed in Annex I to Regulation (EU) No 1307/2013;

(l) ‘economic operator’ means any person or public entity or group of such persons or entities, including any temporary association of undertakings, which offers the execution of works or a work, the supply of products or the provision of services on the market;

(m) ‘relevant authority’ means:

(i) in England, the Secretary of State;

(ii) in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(iii) in Scotland, the Scottish Ministers;

(iv) in Wales, the Welsh Ministers;

(n) ‘relevant accounting officer’ means:

(i) in England, the accounting officer for the Department for Environment, Food and Rural Affairs;

(ii) in Wales, the Permanent Secretary of the Welsh Government;

(iii) in Scotland, the Permanent Secretary of the Scottish Government;

(iv) in Northern Ireland, the Permanent Secretary of the Department of Agriculture, Environment and Rural Affairs;

(o) ‘support for rural development’ means financial support granted under Title III of Regulation (EU) No 1305/2013 or Title III, Chapter II of Regulation (EU) No 1303/2013;”;

(b) in paragraph 2, for “the CAP” substitute “expenditure on agricultural support and for the purposes of sectoral agricultural legislation”;

(c) after paragraph 2 insert—

“3.   In this Regulation, references to Regulation (EU) No 1303/2013 are references to that Regulation as amended by the European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019(1).”.

(1)

S.I. 2019/XXX