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

PART 4 Late claims

Amendment of Commission Delegated Regulation (EU) No 640/2014

4.—(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 compliance(1) is amended insofar as it relates to rural development support measures, as follows.

(2) In Article 13(1) (late submission)—

(a) in the second subparagraph, for “shall”, in the second place it occurs, substitute “may”;

(b) in the third subparagraph—

(i) for “shall”, in the first place it occurs, substitute “may”;

(ii) after “considered inadmissible and” insert “in that case”.

(3) In this regulation, “rural development support measures” means measures under support schemes under—

(a) Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)(2);

(b) Regulation (EU) No 1698/2005 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)(3); or

(c) Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)(4).

(1)

EUR 2014/640, amended by S.I. 2019/765 (amended by S.I. 2020/1445; there are other amending instruments but none is relevant), S.I. 2022/765; there are other amending instruments but none is relevant. EUR 2014/640 was incorporated into domestic law by section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 insofar as it relates to direct payments, and by section 3 of the European Union (Withdrawal) Act 2018 in relation to the rest of the Common Agricultural Policy.

(2)

EUR 1999/1257, as saved in respect of actions approved by the European Commission under that Regulation before 1st January 2007 by Article 93(1) of Regulation (EC) No 1698/2005, and amended by S.I. 2019/764 (to which there are amendments not relevant to these Regulations).

(3)

EUR 2005/1698, as saved in respect of operations implemented pursuant to programmes approved by the European Commission under that Regulation before 1st January 2014 by Article 88 of EUR 2013/1305, and amended by S.I. 2019/764 (to which there are amendments not relevant to these Regulations), S.I. 2022/765.

(4)

EUR 2013/1305, amended by S.I. 2019/764 (amended by S.I. 2020/1445; there are other amending instruments but none is relevant), S.I. 2019/748, S.I. 2019/1422, S.I. 2022/765, S.I. 2022/861, S.I. 2022/1225.