Statutory Instruments
2015 No. 1997
Agriculture
The Common Agricultural Policy (Amendment) (No. 2) Regulations 2015
Made
7th December 2015
Laid before Parliament
9th December 2015
Coming into force in accordance with regulation 1(2)
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972( 1 ) in relation to the common agricultural policy( 2 ).
These Regulations make provision for a purpose mentioned in that section and it appears to the Secretary of State that it is expedient for the references to the European Union instruments listed in paragraph 1(3) of the Schedule to be construed as references to those instruments as amended from time to time.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972( 3 ).
PART 1 Introduction
Citation and commencement
1. —(1) These Regulations may be cited as the Common Agricultural Policy (Amendment) (No. 2) Regulations 2015.
(2) These Regulations come into force on 1st January 2016, except for regulation 14(4)(a), which comes into force on 1st January 2017.
PART 2 The Common Agricultural Policy Basic Payment and Support Schemes (England) Regulations 2014
Amendment of the Common Agricultural Policy Basic Payment and Support Schemes (England) Regulations 2014
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of regulation 10 (active farmer)
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Schedule (Ecological focus areas)
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 3 The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014
Amendment of the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014
5.The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014( 4 ) are amended as follows.
Amendment of regulation 2 (interpretation)
6. In regulation 2 (interpretation)—
(a) in paragraph (1) omit the definition of “accountable body”;
(b) for the definition of “rural development payment” substitute—
“ “rural development payment” means any payment made by the Secretary of State under Title III of the Rural Development Regulation ( 5 ) or Title III, Chapter II of the Common Provisions Regulation ( 6 ) except in regulations 9(2A)(b) and 35(4) (where it has the meaning given in those regulations); ” ;
(c) after paragraph (1) insert—
“ (1A) In paragraph (1) “accountable body” means a body responsible for carrying out administrative and financial activities on behalf of a local action group in accordance with Article 34(2) of the Common Provisions Regulation. ” .
Amendment of regulation 9 (set-off)
7. In regulation 9 (set-off)—
(a) for paragraph (2) substitute—
“ (2) The amount of any payment listed in paragraph (2A) may be set off against the amount of any recoverable sum listed in paragraph (2B).
(2A) The payments referred to in paragraph (2) are—
(a) any rural development payment payable by the Secretary of State;
(b) any rural development payment payable by the Secretary of State or an accountable body under the Rural Development (Enforcement) (England) Regulations 2007 ( 7 ) ;
(c) any sum payable to a beneficiary under the England Rural Development Programme (Enforcement) Regulations 2000 ( 8 ) ;
(d) any sum payable by the Secretary of State under—
(i) the Direct Payments Regulation;
(ii) Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers ( 9 ) ; or
(iii) Council Regulation (EC) No. 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers ( 10 ) .
(2B) The recoverable sums referred to in paragraph (2) are—
(a) any sum recoverable by the Secretary of State or a delivery body (which may include the Secretary of State) under regulation 7(1) or 15(1);
(b) any sum recoverable by the Secretary of State or an accountable body under regulation 9(1) or 10(1) of the Rural Development (Enforcement) (England) Regulations 2007;
(c) any sum recoverable by the Minister under regulation 6(1) or 7(1) of the England Rural Development Programme (Enforcement) Regulations 2000 ( 11 ) ;
(d) any sum recoverable by a competent authority under regulation 8 of the Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2009 ( 12 ) . ” ;
(b) for paragraph (3) substitute—
“ (3) In this regulation—
(a) “accountable body” has the meaning given by regulation 2(1) of the Rural Development (Enforcement) (England) Regulations 2007;
(b) “beneficiary” has the meaning given by regulation 2(1) of the England Rural Development Programme (Enforcement) Regulations 2000;
(c) “competent authority” has the same meaning as in the Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2009;
(d) “Minister” has the meaning given by regulation 2(1) of the England Rural Development Programme (Enforcement) Regulations 2000;
(e) “rural development payment”, except in paragraph (2A)(a), has the meaning given by regulation 2(1) of the Rural Development (Enforcement) (England) Regulations 2007, except in paragraph (2A)(a)(where it has the meaning given by regulation 2(1)). ” .
Amendment of regulation 10 (powers of entry)
8. In regulation 10(1) (powers of entry), after “the purpose of enforcing” insert “these regulations or”.
Amendment of regulation 14 (breaches of commitments)
9. In regulation 14(1)(c) (breaches of commitments), omit paragraphs (i) to (iv).
Amendment of regulation 15 (powers of recovery in relation to rural development payments)
10. In regulation 15(1) (powers of recovery etc in relation to rural development payments), for “accountable body” substitute “delivery body”.
Amendment of regulation 20 (interpretation)
11. In regulation 20 (interpretation), in the definition of “specified commodity”—
(a) for “Council Regulation 13 )” substitute “Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products( 14 )”;
(b) for “Annexes B and C to Commission Regulation 15 )” substitute “Annexes II and III of Commission Regulation (EU) No 578/2010 of 29 June 2010 on the implementation of Council Regulation 16 ),”.
Amendment of regulation 21 (powers of entry) and regulation 28 (defence of due diligence)
12. In regulation 21(1)(b) (powers of entry) and regulation 28 (defence of due diligence) omit “(4)”.
Amendment of Schedule 1
13.Schedule 1 (the SCMO Regulations) is amended as set out in the Schedule to these Regulations.
Amendment of Schedule 2
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 4 The Rural Development Enforcement (England) Regulations 2007
Amendment of the Rural Development Enforcement (England) Regulations 2007
15. —(1)The Rural Development Enforcement (England) Regulations 2007 are amended as follows.
(2) In regulation 2(1) (interpretation), in the appropriate place insert—
“ “Commission Regulation 65/2011” means Commission Regulation (EU) 65/2011 laying down detailed rules for the implementation of Council Regulation (EC) 1968/2005 , as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures ( 17 ) ; ” .
(3) In regulation 8(1)(c) (breaches of commitments), for “or Commission Regulation 1975/2006( 18 )” insert “, Commission Regulation 1975/2006 or Commission Regulation 65/2011”.
George Eustice
Minister of State
Department for Environment, Food and Rural Affairs
7th December 2015
Regulation 13
SCHEDULE Amendment of Schedule 1 to the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014
1. —(1)Schedule 1 of the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 is amended as follows.
(2) Omit the following entries—
Regulation 19 )
Commission Regulation 20 )
Commission Regulation 21 )
Commission Regulation 22 )
Commission Regulation 23 )
Commission Regulation 24 )
Commission Regulation 25 )
26 )
27 )
28 )
29 )
30 )
Regulation (EC) No. 2133/2001 31 )
Regulation (EC) No. 315/2002 32 )
Regulation (EC) No. 2004/2002 33 )
Regulation (EC) No. 546/2003 34 )
Regulation (EC) No. 917/2004 35 )
Regulation (EC) No. 937/2006 36 )
Regulation (EC) No. 1557/2006 37 )
Regulation (EC) No. 1731/2006 38 )
Regulation (EC) No. 1741/2006 39 )
Regulation (EC) No. 504/2007 40 )
Regulation (EC) No. 1375/2007 41 )
Council Regulation 42 )
Regulation (EC) No. 133/2008 43 )
Regulation (EC) No. 508/2008 44 )
Regulation (EC) No. 951/2008 45 )
Regulation (EC) No. 1041/2008 46 )
Regulation (EC) No. 1312/2008 47 )
Regulation (EC) No. 147/2009 48 )
Regulation (EC) No. 437/2009 49 )
Regulation (EC) No. 438/2009 50 )
Regulation (EC) No. 933/2009 51 )
Regulation (EC) No. 1064/2009 52 )
Commission Regulation (EU) No. 479/2010 laying down rules for the implementation of Council Regulation 53 )
Commission Regulation (EU) No. 1085/2010 opening and providing for the administration of certain annual tariff quotas for importing sweet potatoes, manioc, manioc starch and other products falling within CN codes 0714 90 11 and 0714 90 19 and amending Regulation (EU) No. 1000/2010( 54 )
Commission Implementing Regulation (EU) No. 789/2011 opening the procedure for the allocation of export licences for cheese to be exported to the United States of America in 2012 under certain GATT quotas( 55 )
Commission Implementing Regulation (EU) No. 1288/2011 on the notification of wholesale prices for bananas within the common organisation of agricultural markets( 56 )
Commission Implementing Regulation (EU) No. 1354/2011 opening annual Union tariff quotas for sheep, goats, sheepmeat and goatmeat( 57 )
Commission Implementing Regulation (EU) No. 481/2012 laying down rules for the management of a tariff quota for high-quality beef( 58 )
Commission Implementing Regulation (EU) No. 456/2013 laying down transitional measures as regards milk import quotas under Regulation 59 )
Commission Implementing Regulation (EU) No. 807/2013 laying down detailed rules for the application of Council Regulation 60 )
Commission Implementing Regulation (EU) No. 266/2014 on the division between deliveries and direct sales of national milk quotas fixed for 2013/2014 in Annex IX to Council Regulation 61 )
Commission Implementing Regulation (EU) No. 1033/2014 fixing the representative prices and additional import duties applicable to molasses in the sugar sector from 1 October 2014( 62 )
(3) Insert in the appropriate places—
“ Commission Delegated Regulation (EU) No 932/2014 of 29 August 2014 laying down temporary exceptional support measures for producers of certain fruit and vegetables and amending Delegated Regulation (EU) No 913/2014 ( 63 ) ” ;
“ Commission Implementing Regulation (EU) No 947/2014 of 4 September 2014 opening private storage for butter and fixing in advance the amount of aid ( 64 ) ” ;
“ Commission Implementing Regulation (EU) No. 948/2014 opening private storage for skimmed milk powder and fixing in advance the amount of aid ( 65 ) ” ;
“ Commission Delegated Regulation (EU) No 1031/2014 of 29 September 2014 laying down further temporary exceptional support measures for producers of certain fruit and vegetables ( 66 ) ” ;
“ Regulation (EU) No. 1144/2014 of the European Parliament and of the Council on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries and repealing Council Regulation (EC) No. 3/2008 67 ) ” ;
“ Commission Delegated Regulation (EU) No. 2015/1366 supplementing Regulation (EU) No. 1308/2013 of the European Parliament and of the Council with regard to aid in the apiculture sector ( 68 ) ” ;
“ Commission Implementing Regulation (EU) No. 2015/1368 laying down rules for the application of Regulation (EU) No. 1308/2013 of the European Parliament and of the Council with regard to aid in the apiculture sector ( 69 ) ” ;
“ Commission Delegated Regulation (EU) No. 2015/1538 supplementing Regulation (EU) No. 1308/2013 of the European Parliament and of the Council with regard to import licence applications, release for free circulation and proof of refining of sugar products of CN code 1701 under preferential agreements, for the marketing years 2015/16 and 2016/17 and amending Commission Regulations (EC) No. 376/2008 and (EC) No. 891/2009 70 ) ” ;
“ Commission Implementing Regulation (EU) No. 2015/1550 laying down rules for the application of Regulation (EU) No. 1308/2013 of the European Parliament and of the Council as regards the import and refining of sugar products of CN code 1701 under preferential agreements, for the marketing years 2015/2016 and 2016/2017 ( 71 ) ” ;
“ Commission Delegated Regulation (EU) No. 2015/1829 supplementing Regulation (EU) No. 1144/2014 of the European Parliament and of the Council on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries ( 72 ) ” ;
“ Commission Implementing Regulation (EU) No. 2015/1831 laying down rules for application of Regulation (EU) No. 1144/2014 of the European Parliament and of the Council on information provision and promotion measures concerning agricultural products implemented in the internal market and in the third countries ( 73 ) ” ;
“ Commission Delegated Regulation (EU) No. 2015/1852 opening a temporary exceptional private storage aid scheme for certain cheeses and fixing in advance the amount of aid ( 74 ) ” ;
“ Commission Implementing Regulation (EU) No. 2015/2076 opening and providing for the administration of Union import tariff quotas for fresh and frozen pigmeat originating in Ukraine ( 75 ) ” ;
“ Commission Implementing Regulation (EU) No. 2015/2077 opening and providing for the administration of Union import tariff quotas for eggs, egg products and albumins originating in Ukraine ( 76 ) ” ;
“ Commission Implementing Regulation (EU) No. 2015/2078 opening and providing for the administration of Union import tariff quotas for poultrymeat originating in Ukraine ( 77 ) ” ;
“ Commission Implementing Regulation (EU) No. 2015/2079 opening and providing for the administration of a Union import tariff quota for fresh and frozen beef and veal originating in Ukraine ( 78 ) ” ;
“ Commission Implementing Regulation (EU) No. 2015/2080 amending Regulation (EC) No. 2535/2001 as regards the management of import tariff quotas for dairy products originating in Ukraine and the removal of an import tariff quota for dairy products originating in Moldova ( 79 ) ” ;
“ Commission Implementing Regulation (EU) No. 2015/2081 opening and providing for the administration of import tariff quotas for certain cereals originating in Ukraine ( 80 ) ” .
1972 c.68 . Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7) . The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 ( S.I. 2002/794 ).
S.I. 1972/1811 to which there are amendments not relevant to these Regulations. The power of the Secretary of State to make regulations that extend to Scotland and Northern Ireland and apply in Wales remains exercisable by virtue of section 57(1) of the Scotland Act 1998 (c. 46) , article 3(2) of the European Communities (Designation) (No. 3) Order 2000 ( S.I. 2000/2812 ) and article 6 of the European Communities (Designation) (No. 5) Order 2010 ( S.I. 2010/2690 ), respectively.
Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51) , and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7) .
S.I. 2014/3263 , amended by S.I. 2015/1325 .
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Regulation (EU) No 1303/2013 of the European Parliament and of the Council (OJ L 347 20.12.2013, p. 320), to which there is an amendment that is not relevant to this instrument.
S.I. 2007/75 , revoked with savings by S.I. 2014/3263 .
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S.I. 2000/3044 , revoked with savings by S.I. 2014/3263 .
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