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Statutory Instruments

2019 No. 733

Exiting The European Union

Agriculture

The Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2019

Made

28th March 2019

Coming into force in accordance with regulation 1

M1 The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement I1

1. These Regulations may be cited as the Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.

Amendment to the Environmental Stewardship (England) Regulations 2005 I2

M2 2. In regulation 3(3) of the Environmental Stewardship (England) Regulations 2005 , for “the EU Treaties” substitute “ retained EU law ” .

Amendments to the Agriculture and Horticulture Development Board Order 2008 I3

M3 3. In Schedule 3 to the Agriculture and Horticulture Development Board Order 2008

(a) in paragraph 4(1), for “from another member State” substitute “ into the United Kingdom ” ;

(b) in paragraph 16(2), for “another” substitute “ a ” .

Amendments to the Common Agricultural Policy Basic Payment and Support Schemes (England) Regulations 2014

F1 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments to the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 I4

M4 5. —(1) The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 are amended as follows.

(2) In regulation 2(1)—

(a) after the definition of “beneficiary”, insert—

CMO support ” means financial support granted under—

(a) Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (“Regulation 1308/2013”);

(b) any regulations made under, or delegated or implementing acts adopted on the basis of, Regulation 1308/2013;

(c) any delegated or implementing acts adopted on the basis of Council Regulation (EC) No1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products;

(d) 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 (“Regulation 1144/2014”);

(e) any regulations made under, or delegated or implementing acts adopted on the basis of, Regulation 1144/2014; ;

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) omit the definitions of “EAFRD” and “EAGF”.

(3) In regulation 10, for paragraph (7) substitute—

(7) An authorised person entering any land or premises by virtue of this regulation may be accompanied by such other persons as the authorised person considers necessary for any purpose mentioned in paragraph (1). .

(4) In regulation 20—

(a) in the definition of “authorised person”, in paragraph (b), omit “EU”;

(b) for the defined term “EU debt” substitute “ debt ” ;

(c) for the definition of “EU requirement” substitute—

EU requirement ” means, in relation to a regulated transaction, a requirement specified by or in pursuance of—

(a) EU law prior to exit day;

(b) retained EU law; ;

(d) in the definitions of “regulated transaction”, “specified beneficiary” and “specified contributor”, for “the EAGF” substitute “ CMO support ” .

(5) In regulation 21, for paragraph (6) substitute—

(6) An authorised person entering any land or premises by virtue of this regulation may be accompanied by such other persons as the authorised person considers necessary for any purpose mentioned in paragraph (1). .

(6) In regulation 22(2)(a), omit “EU”.

(7) In regulation 25(10)(a)(i), for “the EAGF” substitute “ CMO support ” .

(8) For regulation 29 substitute—

29. The competent authority may recover from any specified person any debt owing to the authority by that person. .

(9) In regulation 30—

(a) in the definition of “Pillar 1 decision”—

(i) for “the EAGF” substitute F3 “ ... CMO support ” ;

(ii) omit “European”;

(b) in the definition of “Pillar 2 decision”—

(i) for “the EAFRD” substitute “ rural development support granted under Title III of the Rural Development Regulation or Title III, Chapter 2 of the Common Provisions Regulation ” ;

(ii) in paragraph (a), omit “European”.

[F4 (10) Omit regulation 36(2). F4]

Revocation I5

M5 6. The Common Agricultural Policy (Competent Authority and Coordinating Body) Regulations 2014 are revoked.

[F5 Saving provisions I6

7. The Environmental Stewardship Regulations 2005 apply in respect of any programme or activity to which Article 138 of the withdrawal agreement applies as if the amendments made by regulation 2 had not been made.

I7

8. The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 apply in respect of any programme or activity to which Article 138 of the withdrawal agreement applies as if the amendments made by regulation 5 had not been made and any reference to a Regulation originating from the European Union in those Regulations is to be read as a reference to that Regulation as it has effect in EU law.

I8

9. Regulations 1 to 3 of the Common Agricultural Policy (Competent Authority and Coordinating Body) Regulations 2014 continue to apply in respect of any programmes or activities to which Article 138 of the withdrawal agreement applies as if the revocation made by regulation 6 had not been made. F5]

Robert Goodwill

Minister of State

Department for Environment, Food and Rural Affairs

Status: There are currently no known outstanding effects for the The Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2019.
The Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2019 (2019/733)
Version from: 31 December 2020

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 Reg. 4 omitted (31.12.2020) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445) , regs. 1(2)(a) , 11(2) omitted
F2 Reg. 5(2)(b) omitted (31.12.2020) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445) , regs. 1(2)(a) , 11(3)(a) omitted
F3 Words in reg. 5(9) omitted (31.12.2020) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445) , regs. 1(2)(a) , 11(3)(b) omitted
F4 Reg. 5(10) inserted (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445) , regs. 1(2)(a) , 11(3)(c) inserted
F5 Regs. 7-9 inserted (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445) , regs. 1(2)(a) , 11(4) inserted
F5 Regs. 7-9 inserted (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445) , regs. 1(2)(a) , 11(4) inserted
F5 Regs. 7-9 inserted (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445) , regs. 1(2)(a) , 11(4) inserted
I1 Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1
I2 Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1
I3 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1
I4 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1
I5 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1
I6 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1
I7 Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1
I8 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1 , Sch. 5 para. 1(1) ), see reg. 1
M1 2018 c. 16 .
M2 S.I. 2005/621 , amended by S.I. 2011/1043 ; there are other amending instruments but none is relevant.
M3 S.I. 2008/576 , to which there are amendments not relevant to these Regulations.
M4 S.I. 2014/3263 , to which there are amendments not relevant to these Regulations.
M5 S.I. 2014/3260 .
Defined Term Section/Article ID Scope of Application

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.

Contains public sector information licensed under the Open Government Licence v3.0.