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

S.I. 2019/733 · Made 28 March 2019 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union

Agriculture

Made 28th March 2019

Coming into force in accordance with regulation 1

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 M1.

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.

Annotations to the whole text

Marginal citations

M1

2018 c. 16.

Contents

  1. 1Citation and commencement
  2. 2Amendment to the Environmental Stewardship (England) Regulations 2005
  3. 3Amendments to the Agriculture and Horticulture Development Board Order 2008
  4. 4Amendments to the Common Agricultural Policy Basic Payment and Support Schemes (England) Regulations 2014 Repealed
  5. 5Amendments to the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014
  6. 6Revocation
  7. 7Saving provisions
  8. 8Regulation 8
  9. 9Regulation 9
  10. Signature
  11. Explanatory note

1Citation and commencementI1

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.

2Amendment to the Environmental Stewardship (England) Regulations 2005I1

In regulation 3(3) of the Environmental Stewardship (England) Regulations 2005 M1, for “the EU Treaties” substitute “ retained EU law ”.

3Amendments to the Agriculture and Horticulture Development Board Order 2008I1

In Schedule 3 to the Agriculture and Horticulture Development Board Order 2008 M1—

(a)

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

(b)

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

4Amendments to the Common Agricultural Policy Basic Payment and Support Schemes (England) Regulations 2014F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Amendments to the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014I1

(1)

The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 M1 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;”;

F1(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 “ F2... 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”.

F3(10)

Omit regulation 36(2).

6RevocationI1

The Common Agricultural Policy (Competent Authority and Coordinating Body) Regulations 2014 M1 are revoked.

7Saving provisionsF1I1

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.

8I1F1

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.

9I1F1

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.

Signature

Robert Goodwill

Minister of State

Department for Environment, Food and Rural Affairs

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) and (g) of that Act) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to, or in the case of regulation 6 revoke, domestic legislation that is concerned with the implementation and administration of the common agricultural policy. These Regulations also make amendments, in regulation 3, to the Agriculture and Horticulture Development Board Order 2008 (S.I. 2008/576).

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.