2020 No. 1513
The Direct Payments to Farmers (England) (Amendment) Regulations 2020
Made
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 9(1)(b), 10(1) and 10(2) of the Agriculture Act 20201.
In accordance with section 50(6) of the Agriculture Act 2020, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement, extent and applicationI11
1
These Regulations may be cited as the Direct Payments to Farmers (England) (Amendment) Regulations 2020.
2
Except for regulation 2(4), these Regulations come into force on 1st January 2021.
3
Regulation 2(4) comes into force on the day after the day on which these Regulations are made.
4
These Regulations extend to England and Wales and apply in England only.
Amendment of Regulation (EU) No 1307/2013I3I22
I31
Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy2 is amended as follows.
I33
In Article 4—
a
in paragraph 1—
i
in point (c)—
aa
at the end of point (i) insert “or”;
bb
in point (ii), omit the words from “on the basis” to the end;
cc
omit point (iii);
ii
after point (s) insert—
t
‘total ceiling’ means the amount determined in accordance with Article 5A.
b
in paragraph 2, in the first subparagraph, omit point (b).
I24
After Article 5, insert—
Article 5AThe total ceiling for England
1
In determining the total ceiling for England, the Secretary of State must determine an amount equivalent to England’s share of the 2020 national ceiling set out in Annex II.
2
The Secretary of State must determine the total ceiling before the start of the relevant year.
3
When the total ceiling has been determined, the Secretary of State must publish that amount as soon as practicable after that determination has been made.
4
The total ceiling, for any relevant year, is to be distributed among all allocated payment entitlements, the national reserve or the regional reserves, and the ceiling fixed in accordance with Article 51, as they apply in England.
5
Where the Secretary of State makes a decision under Article 22(2) to increase the basic payment scheme ceiling, the total ceiling, for any relevant year, may be exceeded by the increase decided pursuant to that Article.
6
In this Article, “relevant year” has the meaning given by section 10(4) of the Agriculture Act 2020.
5
Omit Articles 6, 7 and 7A.
6
Omit Article 9.
7
In Article 10—
a
in paragraph 1, for “Subject to paragraph 2, the” substitute “The”;
b
omit paragraph 2.
8
Omit Article 11(3).
9
Omit Article 14.
10
In Article 21(b), omit “comply with Article 9 and”.
11
In Article 22—
a
omit paragraph 1;
b
for paragraph 2 substitute—
2
The basic payment scheme ceiling in England for the given year is the amount which remains for the basic payment scheme after deducting from the total ceiling the ceiling set for England under Article 51 for that year. The relevant authority may increase the amount of the basic payment scheme ceiling in England. That increase may not exceed 3% of the total ceiling.
c
in paragraph 4—
i
for “the constituent nation” substitute “England”;
ii
omit “its share of”;
iii
after “ceiling” insert “in England”;
iv
omit the second sentence;
d
in paragraph 5—
i
for “paragraph 1” substitute “paragraph 2”;
ii
for “Article 7A, Article 14, Article 42(1)” substitute “or”;
iii
omit “or Article 53,”.
12
In Article 23—
a
in the heading, for “national ceilings” substitute “basic payment scheme ceiling”;
b
in paragraph 2, for the words from “its share of” to “Article 22(1)” substitute “the basic payment scheme ceiling in England referred to in Article 22(2)”;
c
in paragraphs 3 and 4, after “regional ceilings” insert “in England”.
13
In Article 25—
a
in paragraph 1—
i
in the first subparagraph—
aa
for “Subject to paragraphs 2 and 3, for” substitute “For”;
bb
for “relevant authority’s share of the national ceiling” substitute “total ceiling”;
ii
in the second subparagraph—
aa
for “relevant authority’s share of the basic payment scheme ceiling” substitute “basic payment scheme ceiling in England”;
bb
after “Article 30” insert “, as it had effect immediately before exit day,”;
b
omit paragraphs 2, 3 and 8.
14
In Article 30—
a
for “relevant authority’s share of the basic payment scheme ceiling”, in each place it occurs, substitute “basic payment scheme ceiling in England”;
b
after “regional ceiling”, in each place it occurs, insert “in England”;
c
omit paragraph 5;
d
in paragraph 7(f), omit “and Article 65(1), (2) and (3)”;
e
in paragraph 8, omit the third subparagraph.
15
In Article 32—
a
in paragraph 1—
i
omit “of financial discipline,”;
ii
omit “Article 7 and”;
b
omit paragraph 5.
16
In Article 34(1), omit the words from “entitled” to “Article 9”.
17
In Article 35(1), omit point (h).
18
Omit Articles 41 and 42.
19
In Article 50(4)—
a
omit “of financial discipline,”;
b
omit the words from “and of linear” to “this Regulation”.
20
In Article 51—
a
in paragraph 1—
i
in the first subparagraph, for “its share of the annual national” substitute “the total”;
ii
for the second subparagraph substitute—
Where the relevant authority decides by 1 August in a calendar year to revise the percentage, that revised percentage will have effect for the following calendar year.
b
in paragraph 2, for “relevant authority’s share of the national” substitute “total”;
c
in paragraph 3, for “its share of the annual national” substitute “the total”.
21
Omit Articles 52 and 53.
22
In Article 71—
a
in paragraph 1, for “paragraphs 2” substitute “paragraphs 3”;
b
omit paragraph 2.
23
In Annex 1, omit the second and fifth entries in the table.
24
Omit Annex 3.
Amendment of Commission Delegated Regulation (EU) 639/2014I43
1
Commission Delegated Regulation (EU) No. 639/2014 supplementing Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy 3 is amended as follows.
2
In Article 1, omit point (f).
3
In Article 2, for paragraph 3 substitute—
3
The relevant authority shall implement this Regulation respecting the requirements set out in paragraphs 1, 5 and 6 of Annex 2 to the Agreement on Agriculture.
4
Omit Articles 4 and 5.
5
Omit Article 8.
6
Omit Articles 10 to 13.
7
Omit Articles 51 to 54.
Amendment of Commission Implementing Regulation (EU) 641/2014I54
In Commission Implementing Regulation (EU) No. 641/2014 laying down rules for the application of Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy4, in Article 1, omit point (d).
Amendments to the Common Agricultural Policy Basic Payment and Support Schemes (England) Regulations 2014I65
In the Common Agricultural Policy Basic Payment and Support Schemes (England) Regulations 20145, in regulation 8(3), omit “in claim year 2020”.
Amendment of Regulation (EU) No 1306/2013I76
1
Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy6 is amended, in so far as it relates to direct payments, as follows.
2
In Article 67, in paragraph 4(b)—
a
omit the words from “the redistributive” to “No 1307/2013;”, in the first place it occurs;
b
before “the payment for young” insert “and”;
c
omit the words from “; the voluntary coupled” to the end.
3
In Article 105—
a
omit paragraph 1;
b
in paragraph 2, in the second sentence, for “Subject to Article 108, they” substitute “They”.
4
Omit Article 106(4).
5
Omit Article 108.
6
In Article 112, in the first paragraph, for the words from “the Funds” to “exit day)” substitute “agricultural support”.
Amendment of Commission Implementing Regulation (EU) No. 809/2014I87
1
Commission Implementing Regulation (EU) No. 809/2014 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 compliance7, is amended, in so far as it relates to direct payments, as follows.
2
In Article 3(1), omit the second subparagraph.
3
In Article 6—
a
omit paragraph 2(f)(v);
b
omit paragraph 3(b).
4
In Article 11(1)(c), omit the words from “; where use” to the end.
5
In Article 12(1), for “Articles 20, 21 and” substitute “Article”.
6
In Article 14(1), omit point (h).
7
In Article 15(2), omit the second subparagraph.
8
In Article 17(9), for “Titles III and IV” substitute “Title III”.
9
Omit Articles 20 and 21.
10
In Article 23(2), omit the words from “the payments received” to “exit day), or”, in the second place it occurs.
11
In Article 29(1)—
a
omit point (e);
b
in the third subparagraph, for “(a), (c) and (e)” substitute “(a) and (c)”.
12
Omit Article 33.
13
In Article 37(2), omit the second subparagraph.
14
In Article 39(2), omit the first sentence.
15
Omit Articles 42 and 43.
16
In Article 68(1), in the first subparagraph, for “as it has effect in EU law” substitute “as amended for the purpose of agricultural support”.
17
In Article 69(5), for “30 to 34” substitute “30, 31 and 34”.
18
Omit Article 70b.
Amendment of Commission Delegated Regulation (EU) No. 640/2014I98
1
Commission Delegated Regulation (EU) No. 640/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance8, is amended, in so far as it relates to direct payments, as follows.
2
In Article 2(1)—
a
in point (1), omit the words from “and referred” to the end;
b
omit points (7) to (13), and points (15) to (19).
3
In Article 6(3), for “2021” substitute “following the calendar year in question”.
4
In Article 15a—
a
omit “or the number of animals”;
b
omit “declared or the number of animals”.
5
In Article 17(1) omit points (b) and (d).
6
In Article 18—
a
in paragraph 1, omit “, the re-distributive payment”;
b
omit paragraph 3;
c
in paragraph 6, in the second subparagraph, for “Titles III and IV” substitute “Title III”.
7
In Article 19a—
a
in the heading omit “, the re-distributive payment”;
b
in paragraph 1, after “Chapters 1”, omit “,2”.
8
Omit Articles 30 to 34.
Amendment of Commission Delegated Regulation (EU) No 907/2014I109
In Commission Delegated Regulation (EU) No 907/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro9, omit Article 11, in so far as it relates to direct payments.
Amendment of Commission Implementing Regulation (EU) No 908/2014I1110
1
Commission Implementing Regulation (EU) No 908/2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency10 is amended, in so far as it relates to direct payments, as follows.
2
In Article 28, omit the words from “under direct” to “Development”.
3
In Article 58, for “third” substitute “second”.
(This note is not part of these Regulations)