The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments in order to simplify various aspects of the direct payment schemes and cross-compliance provisions in England.

The following legislation is amended in order to remove the requirement for farms which have land in England and Scotland, Wales or Northern Ireland to be treated as one holding for the purposes of direct payments: the Common Agricultural Policy Basic Payment and Support Schemes (England) Regulations 2014 (S.I. 2014/3259) (regulation 2(2)), the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 (S.I. 2014/3263) (regulation 3), Regulation (EU) No 1306/2013 (regulation 4(6)) and Regulation (EU) No 1307/2013 (“the Direct Payments Regulation”) (regulation 5(3)).

The following legislation is amended in order to remove the rules which provided that if farmers did not activate some or all of their entitlements for two consecutive years in certain circumstances or if farmers did not activate all their Basic Payment Scheme entitlements at least once every two years, some or all of those entitlements would revert to the Basic Payment Scheme national or regional reserve: the Direct Payments Regulation (regulation 5(5)) and Commission Implementing Regulation (EU) No 641/2014 (“the Direct Payments Implementing Regulation”) (regulation 8(3)).

Regulation 7(3) amends Commission Delegated Regulation (EU) No 640/2014 in order to extend the force majeure deadline from fifteen working days to eight weeks in relation to direct payments.

The following legislation is amended in order to remove the requirements relating to ecological focus areas, crop diversification and permanent grassland (the greening rules): S.I. 2014/3259 (regulation 2(3) to (6)), Regulation (EU) No 1306/2013 (regulation 4(2) to (5)), the Direct Payments Regulation (regulation 5(2), (4), (6) to (10)), Commission Delegated Regulation (EU) No 639/2014 (regulation 6), Commission Delegated Regulation (EU) No 640/2014 (regulation 7(2), (4), (6) and (7)), the Direct Payments Implementing Regulation (regulation 8(2) and (4)) and Commission Implementing Regulation (EU) No 809/2014 (regulation 9(4)(b), (5) to (8), (10), (15) to (17) and (19)).

Regulation 4(7) amends Regulation (EU) No 1306/2013 in order to extend the considerations which the relevant authority may take into account when deciding whether to use the early warning system to deal with cross-compliance breaches, and to allow the relevant authority discretion as to whether or how each consideration is weighted.

Regulation 7(5)(a) amends Commission Delegated Regulation (EU) No 640/2014 in order to allow documents in support of applications for direct payments to be submitted up to 25 days after the deadline for applications for direct payments without incurring any penalty.

Regulations 7(5)(b) and 9(4)(a) amend Commission Delegated Regulation (EU) 640/2014 and Commission Implementing Regulation (EU) No 809/2014 in order to enable farmers to amend their applications for direct payments without penalty up to 25 days after the deadline for submitting the applications.

Regulation 7(8) also amends Commission Delegated Regulation (EU) No 640/2014 to enable a proportionate application of penalties for cross-compliance breaches.

Regulation 9(3) amends Commission Implementing Regulation (EU) No 809/2014 in order to make it easier for certain corrections to be made to applications for direct payments.

Regulation 9(2), (9), (11) to (14) and (18) also amends Commission Implementing Regulation (EU) No 809/2014 in order to remove the requirement for a minimum level of inspections to take place in relation to applications for direct payments.

Regulation 9(20) removes the cross-compliance requirement for the relevant authority to increase on-the-spot checks of compliance with a given act or standard where it has identified a significant degree of non-compliance with that act or standard. Regulation 9(21) removes the option for the relevant authority to carry out on-the-spot checks by monitoring.

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