Article 3 Definitions

United Kingdom

For the purposes of this Regulation, the definitions concerning certain sectors as set out in Annex II shall apply.

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

The definitions set out in Regulation (EU) No 1306/2013, Regulation (EU) No 1307/2013^f1 of the European Parliament and of the Council and Regulation (EU) No 1305/2013 of the European Parliament and of the Council^f2 shall apply for the purposes of this Regulation, save as otherwise provided for in this Regulation.

In order to take into account the specific characteristics of the rice sector, the F2appropriate authority may make regulations amending the definitions concerning the rice sector set out in Part I of Annex II to the extent necessary to update the definitions in the light of market developments.

For the purposes of this Regulation:

(a)

"less developed regions" means those regions defined as such in point (a) of the first subparagraph of Article 90(2) of Regulation (EU) No 1303/2013 of the European Parliament and of the Council^f3.

(b)

"adverse climatic event which can be assimilated to a natural disaster" means weather conditions such as frost, hail, ice, rain or drought which destroy more than 30 % of the average annual production of a given farmer in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and lowest entry.

F3(c)

‘appropriate authority’ means:

(i)

F4subject to point (ii), in relation to:

(aa)

England, the Secretary of State;

(bb)

Wales, the Welsh Ministers;

(cc)

Scotland, the Scottish Ministers;

(dd)

Northern Ireland, the Department of Agriculture, Environment and Rural Affairs or the Department of Health, as the case may be; or

(ii)

the Secretary of State:

(F5zaa)

in relation to regulations made under Articles 122, 123, 166(b), 174(1) or 223, where the subject matter is outside devolved competence;

(aa)

in relation to Wales, other than in relation to Articles 10, 16 F6, 21, 22, F723, 24, 25, 126 , 55 and 225 and Annexes 4 and 10, if consent is given by the Welsh Ministers;

(bb)

in relation to Scotland, if consent is given by the Scottish Ministers;

(cc)

in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs or the Department of Health, as the case may be.

(d)

‘constituent nation’ means England, Wales, Scotland or Northern Ireland, as the case may be.

(e)

‘relevant authority’ means:

(i)

in relation to England, the Secretary of State;

(ii)

in relation to Wales, the Welsh Ministers;

(iii)

in relation to Scotland, the Scottish Ministers;

(iv)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

(f)

a reference to another country or other countries is to be read as including the British Overseas Territories.

(6.)

F8For the purposes of this Regulation, a matter is outside devolved competence if it would be outside the legislative competence of:

(a)

in relation to Wales, the National Assembly for Wales if it were included in an Act of the Assembly (see section 108A of the Government of Wales Act 2006);

(b)

in relation to Scotland, the Scottish Parliament if it were included in an Act of the Parliament (see section 29 of the Scotland Act 1998);

(c)

in relation to Northern Ireland, the Northern Ireland Assembly if it were included in an Act of the Assembly (see section 6 of the Northern Ireland Act 1998).

(7.)

F9For the purposes of this Regulation, any reference to “CN code” shall be read as a reference to the relevant Commodity Code in accordance with the customs tariff, as established by section 8(1) of the Taxation (Cross-border Trade) Act 2018.

Annotations

Textual amendments

F1: Art. 3(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 4(a); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in Art. 3(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 3(a); 2020 c. 1, Sch. 5 para. 1(1)
F3: Art. 3(5)(c)-(f) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 4(b) (as amended by S.I. 2019/1405, reg. 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in Art. 3(5)(c)(i) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F5: Art. 3(5)(c)(ii)(zaa) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F6: Words in Art. 3(5)(c)(ii)(aa) inserted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 3(b); 2020 c. 1, Sch. 5 para. 1(1)
F7: Word in Art. 3(5)(c)(ii)(aa) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 2(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F8: Art. 3(6) inserted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 5(2); 2020 c. 1, Sch. 5 para. 1(1)
F9: Art. 3(7) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(2)

Footnotes

f1: Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (See page 608 of this Official Journal)
f2: Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (See page 487 of this Official Journal).
f3: Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (See page 85 of this Official Journal).