The Common Agricultural Policy (Amendment) (No. 2) Regulations 2015 in Scotland

S.I. 2015/1997 · Made 7 December 2015 · Extends to United Kingdom

Agriculture

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^f1 in relation to the common agricultural policy^f2.

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^f3.

Annotations to the whole text

Footnotes

f1: 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).
f2: 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.
f3: 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).

11Amendment of regulation 20 (interpretation)
12Amendment of regulation 21 (powers of entry) and regulation 28 (defence of due diligence)
Explanatory note

11Amendment of regulation 20 (interpretation)I1

In regulation 20 (interpretation), in the definition of “specified commodity”—

(a)

for “Council Regulation (EC) 1216/2009 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products^f1” 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^f2”;

(b)

for “Annexes B and C to Commission Regulation (EC) 1222/94 laying down common detailed rules for the application of the system of granting export refunds on certain agricultural products etc^f3” substitute “Annexes II and III of Commission Regulation (EU) No 578/2010 of 29 June 2010 on the implementation of Council Regulation (EC) No 1216/2009 as regards the system of granting export refunds for certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds^f4,”.

12Amendment of regulation 21 (powers of entry) and regulation 28 (defence of due diligence)I1

In regulation 21(1)(b) (powers of entry) and regulation 28 (defence of due diligence) omit “(4)”.

Explanatory note

(This note is not part of the Regulations)

These Regulations amend three sets of regulations that implement the Common Agricultural Policy of the European Union (“the CAP”).

Part 2 amends the Common Agricultural Policy Basic Payment and Support Schemes (England) Regulations 2014. Regulation 3 details how a discretion allowed to Member States under Council Regulation (EU) 1307/2013 to define an “active farmer” will be exercised. Regulation 4 amends two lists of crop species permitted in Ecological Focus Areas.

Part 3 amends the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014. Regulation 6 amends the definitions of “rural development payment” and “accountable body” to reflect the division of responsibilities under the 2014-2020 CAP. Regulation 7 amends the provisions on set-off to make it explicit that direct payments and rural development payments may be set off against current and legacy debts.

Regulation 9 amends regulation 14 so that only breaches of commitments under EU Regulations implementing the 2014-2020 CAP are enforceable under the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014. Regulations 11 and 12 correct references to EU Regulations implementing the Single Common Market Organisation for agricultural products.

Regulation 13 amends Schedule 1 to add relevant EU Regulations (including those made since the coming into force of the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014) and omit those that have been repealed or are of no relevance to the implementation of the Single Common Market Organisation for agricultural products in England. Regulation 14 makes amendments to the rules relating to cross-compliance that will apply from the start of the 2016 cross-compliance year, with the exception of regulation 14(4)(a), which removes from 1st January 2017 the exemption from the rules on cultivation or applying fertilisers or pesticides to land near watercourses for land forming part of a parcel of 2 hectares or less.

Part 4 amends the Rural Development Enforcement (England) Regulations 2007 so that they apply to breaches of Commission Regulation 65/2011 (which these regulations remove from regulation 14(1)(c) of the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014).