The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations remove cross-compliance requirements for recipients of the farm payments to which they still apply. They also add some flexibility into the requirements for administering financial assistance schemes formerly under the Common Agricultural Policy. They extend to England and Wales but apply in relation to England only.

Part 2 revokes the legislation governing cross-compliance and makes consequential revocations of legislative provisions referring to cross-compliance (regulation 2 and Part 1 of the Schedule). Part 2 of the Schedule contains a general saving of the effect of the legislation that is being revoked for the purposes of dealing with outstanding rights and liabilities arising out of the cross-compliance framework prior to its removal.

Part 3 amends the provisions in Regulation (EU) No 1306/2013 which require data to be published on beneficiaries of rural payments below EUR 1250, to give the Rural Payments Agency discretion over whether or not to publish that data.

Part 4 amends the provisions in Regulation (EU) No 640/2014 which require a percentage reduction to be imposed against rural payments for late submission of payment claims or single applications. It gives the Rural Payments Agency discretion over whether or not to impose that reduction.

Part 5 amends the provision in Regulation (EU) No 809/2014 setting the date in the claim year by which beneficiaries of rural payments must inform the Rural Payments Agency of their intention to amend their payment claim or single application. It removes the 31st May as the set legislative date, and leaves open the time within which notification of an amendment must be given under legislation.

Part 6 amends the provisions in Regulation (EU) No 1306/2013 and Regulation (EU) No 908/2014 which govern the scrutiny of commercial documents of undertakings that are receiving payments from, or making payments to, the system of financing of Common Market Organisation support. It changes several of the obligations on the Rural Payments Agency to make them discretionary.

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.