PART 2Regulation (EU) 1306/2013

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 20192.