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

Title 4 (Financial Management)

6.—(1) In the heading of Title 4, omit “of the Funds”.

(2) For the heading of Chapter 1 substitute—

“Direct payment support and CMO support”.

(3) Omit Articles 16 to 19.

(4) Omit Article 20(1) and (4).

(5) Omit Articles 21 to 25.

(6) Omit Article 27.

(7) Omit Article 29.

(8) For the heading of Chapter 2 substitute—

“Support for rural development”.

(9) For the heading of Section 1 substitute—

“General provisions relating to support for rural development”.

(10) In Article 30—

(a) for “Expenditure financed under the EAFRD” substitute “Measures financed by support for rural development”;

(b) for “financing under the Union’s budget” substitute “agricultural support”.

(11) Omit Article 31.

(12) For Article 32 substitute—

“Article 32 Core contribution

The core contribution referred to in Article 58(1) of Regulation (EU) No 1305/2013 shall be determined for each programme, within the ceilings established by Annex 1 to Regulation (EU) No 1305/2013.”.

(13) Omit Articles 33 to 45.

(14) Omit Article 46(1) to (4).

(15) Omit Articles 47 and 48.

(16) In Article 49—

(a) in the first paragraph—

(i) omit “accredited”;

(ii) for the words from “Union” to the end substitute “the law applying in the constituent nation”;

(b) in the second paragraph omit “accredited”.

(17) Omit Article 50(1).

(18) Omit Articles 51 to 53.

(19) In Article 54—

(a) in paragraph 1 for “Member States” substitute “the relevant authority”;

(b) omit paragraph 2;

(c) in paragraph 3—

(i) in the first subparagraph, for “Member States” substitute “the relevant authority”;

(ii) in point (a)(ii)—

(aa) for “Member State” substitute “relevant authority”;

(bb) for “its national law” substitute “the law applying in the constituent nation”;

(iii) in point (b), for “national law” substitute “the law applying in the constituent nation”;

(iv) omit the last subparagraph;

(d) omit paragraphs 4 and 5.

(20) For Article 55 substitute—

“Article 55 Provisions specific to direct payment support and CMO support

Sums recovered following the occurrence of irregularity or negligence and the interest thereon must be made over to the paying agency and booked by it as revenue collected in connection with direct payment support and CMO support.”.

(21) For Article 56 substitute—

“Article 56 Provisions specific to support for rural development

Where irregularities or negligence are detected in rural development operations or programmes, the relevant authority must make financial adjustments by totally or partially cancelling the funding concerned. In making the financial adjustments, the relevant authority must take into consideration the nature and gravity of the irregularities detected and the loss to public funds.

Amounts which are cancelled and amounts which are recovered, together with any interest, must be reallocated to the rural development programme to which they relate, but may not be allocated to operations which have been subject to a financial adjustment under paragraph 1. Where such amounts are received after the closure of the rural development programme to which they relate, they must either be allocated to other agricultural support measures or returned to the relevant consolidated fund.

For the purposes of the second paragraph, the ‘relevant consolidated fund’ is:

(a) in relation to England, the consolidated fund;

(b) in relation to Wales, the Welsh consolidated fund;

(c) in relation to Scotland, the Scottish consolidated fund;

(d) in relation to Northern Ireland, the Northern Ireland consolidated fund.”.