The Common Agricultural Policy (Cross-Compliance Exemptions and Transitional Regulation) (Amendment) (EU Exit) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8 of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) (in particular under section 8(2)(a), (b), (d) and (g)) in order to address failures in retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union. These Regulations extend to the United Kingdom but apply only in England and in Northern Ireland except as otherwise provided in paragraphs (4) and (5) of regulation 1.

Regulation 2 amends paragraph 1 of Schedule 3 to the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 (S.I. 2014/3263) which sets out the circumstances in which a breach of the cross-compliance rules set out in Schedule 2 to those Regulations is not considered a non-compliance. The scope of the existing cross-compliance exemptions is widened by these amendments to include new domestic schemes established under section 98 of the Environment Act 1995 (c. 25) or section 1 of the Agriculture Act 2020 (c. 21).

Regulation 3 amends certain provisions of Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005, as amended by Regulation (EU) No 2020/2220 of the European Parliament and of the Council of 23 December 2020 laying down certain transitional provisions for support from the European Agricultural Fund for Rural Development (EAFRD) and from the European Agricultural Guarantee Fund (EAGF) (“the EU Transitional Regulation”).

Regulation 4 amends Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, as amended by the EU Transitional Regulation. The amendments made by regulations 3 and 4 rectify deficiencies in provisions of those retained EU Regulations to ensure that they are operable in a domestic law context.

Regulation 5 omits certain provisions of the EU Transitional Regulation which are deemed to be inoperable in the United Kingdom as it is no longer a member state of the European Union.

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