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

Amendment of Commission Implementing Regulation (EU) No 809/2014

9.—(1) Commission Implementing Regulation (EU) No 809/2014(1) of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance is amended as follows.

(2) Insofar as it relates to direct payments, in Article 1, omit point (c).

(3) Insofar as it relates to direct payments, in Article 4, for the second subparagraph substitute—

“The competent authority may recognise obvious errors only if they can be identified by—

(a) a basic review of the information given in the documents referred to in the first subparagraph; or

(b) at the beneficiary’s request, where such a request is reasonable, a basic review of information gathered from cross-checks of data relating to the case at the competent authority’s disposal.”.

(4) Insofar as it relates to direct payments, in Article 15, in paragraph 2—

(a) in the first subparagraph, for “31 May of the year concerned” substitute “no later than 25 calendar days after the final date for submitting the single application fixed in accordance with Article 13(1)”;

(b) omit the third subparagraph.

(5) Insofar as it relates to direct payments, in Article 17—

(a) in paragraph 4, in the second subparagraph, omit the final sentence;

(b) in paragraph 5—

(i) in the first subparagraph—

(aa) in the first sentence, omit “and, where applicable, the type, size and location of the ecological focus areas”;

(bb) omit the second sentence;

(ii) in the second subparagraph, in the second sentence, omit “or, where applicable, the size and location of the ecological focus areas”;

(c) omit paragraph 6.

(6) Omit Article 18.

(7) Insofar as it relates to direct payments, in Article 26, in paragraph 4, omit the second subparagraph.

(8) Insofar as it relates to direct payments, in Article 27, omit from “The relevant authority shall also ensure” to the end of that Article.

(9) Omit Article 30.

(10) Omit Article 31.

(11) Insofar as it relates to direct payments, omit Article 33a.

(12) Insofar as it relates to direct payments, omit Article 34.

(13) Insofar as it relates to direct payments, omit Article 35.

(14) Insofar as it relates to direct payments, omit Article 36.

(15) Insofar as it relates to direct payments, in Article 37, omit paragraph 3.

(16) Insofar as it relates to direct payments, in Article 38, omit paragraph 6.

(17) Insofar as it relates to direct payments, in Article 39, omit paragraph 3.

(18) Insofar as it relates to direct payments, omit Article 40a.

(19) Omit Article 44.

(20) In Article 68(2), omit paragraph 4.

(21) Omit Article 70a.

(1)

EUR 2014/809. Relevant amending instruments are S.I. 2020/90, 576 and the Direct Payments to Farmers (England) (Amendment) Regulations 2020. EUR 2014/809 is also amended in relation to direct payment schemes in England by S.I. 2020/510 and 575. EUR 2014/809 was incorporated into domestic law by section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020. EUR 2014/809 is also amended prospectively with effect from IP completion day by S.I. 2019/765. However, by virtue of the amendments in The Agriculture (Payments) (Amendment, etc) (EU Exit) Regulations 2020, these prospective amendments do not have effect in relation to direct payment schemes.

(2)

Under Article 138 of the withdrawal agreement and section 7A of the European Union (Withdrawal) Act 2018, certain common organisation of the markets and rural development measures committed under the MFF 2014-20 and previous financial perspectives continue to be governed by directly applicable EU law.