EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend Regulation (EU) No 1307/2013 (EUR 2013/1307) (“the Direct Payments Regulation”) to make provision for and in connection with the phasing out of direct payments under the basic payment scheme in relation to England during the agricultural transition period.

Regulation 2 makes a minor amendment to Article 11A of the Direct Payments Regulation to correct an error in regulation 2 of the Direct Payments to Farmers (Reductions) (England) Regulations 2022 (S.I. 2022/407), which takes effect before regulation 3 comes into force.

Regulation 3 substitutes Article 11A of the Direct Payments Regulation in order to give effect to percentage reductions that are to be applied to direct payments granted to a farmer under the basic payment scheme for the claim year 2023. Article 11A was inserted into the Direct Payments Regulation by regulation 3 of the Direct Payments to Farmers (Reductions and Simplifications) (England) (Amendment) Regulations 2021 (S.I. 2021/407) to give effect to the first of the progressive reductions that applied to the claim year 2021. Article 11A of the Direct Payments Regulation was substituted by regulation 2 of S.I. 2022/407 which gave effect to further progressive reductions that applied to the claim year 2022.

Regulation 4 saves the effect of Article 11A of the Direct Payments Regulation, as substituted by regulation 2 of S.I. 2022/407 and as amended by regulation 2 of this instrument, for the purposes of determining any outstanding rights and liabilities to and in respect of direct payments for the claim year 2022.

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.