The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020

Amendment of Title 1 (Scope and Definitions)

3.—(1) In Article 1—

(a) in point (a), for the words from “under” to the end substitute “for direct payments”;

(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, insofar as it relates to direct payments:

(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);”;

(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) “constituent nation” means England, Wales, Scotland or Northern Ireland, as the case may be;

(i) “direct payment support” means financial support granted under any of the support schemes listed in Annex I to Regulation (EU) No 1307/2013;

(j) “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;

(k) “relevant authority” means:

(i) in England, the Secretary of State;

(ii) in Wales, the Welsh Ministers;

(iii) in Scotland, the Scottish Ministers;

(iv) in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(l) “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;”.

(m) “appropriate authority” means:

(i) subject to point (ii), the relevant authority for the constituent nation in which the regulations apply;

(ii) the Secretary of State:

(aa) in relation to Scotland, if consent is given by the Scottish Ministers;

(bb) in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.”.

(iv) in paragraph 2, for “the CAP” substitute “expenditure on direct payments and for the purposes of sectoral agricultural legislation”.