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Paragraph 13 Amendment of Commission Delegated RegulationI1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Commission Delegated Regulation is amended as follows.

(2)

In every place, for “cross compliance” substitute “Farm Sustainability Standards”.

(3)

For Article 2(b) substitute–

“(b)

for Farm Sustainability standards, non-compliance with the Farm Sustainability Standards referred to in Part 2 of Schedule 1 and the Farm Sustainability Standards – Further Underpinning Requirements referred to in Schedule 2 which form part of the total area of an agricultural parcel shall be considered part of the eligible area.”

(4)

For Article 10 at paragraph 2 substitute–

“2.

Any landscape features subject to the requirements and standards listed in Farm Sustainability Standards referred to in Part 2 of Schedule 1 and the Farm Sustainability Standards – Further Underpinning Requirements referred to in Schedule 2.”

(5)

In Article 38–

(a)

in paragraph 1, omit from “For the purposes of determining” to the end of that paragraph;

(b)

omit paragraph 2;

(c)

for paragraph 3 substitute–

“3.

The “severity” of a non-compliance shall depend, in particular, on the importance of the consequences of the non-compliance, taking account of the aims of the Farm Sustainability Standard and the underpinning requirement concerned.”

(d)

omit paragraph 4.

(6)

In Article 39–

(a)

for the title, substitute “Calculation and application of administrative penalties”.

(b)

for paragraph 1, substitute–

“1.

Where a competent authority determines a non-compliance with any of the underpinning requirements:

(a)

the minimum penalty to be applied shall be the sending of a warning letter by or on behalf of the competent authority and completion of mandatory training;

(b)

the maximum penalty to be applied shall be the sending of a guidance letter by or on behalf of the competent authority, completion of mandatory training and a reduction of all payments made or due to be made in the scheme year in which the non-compliance was found;

(c)

no payments from any scheme shall be made until a required mandatory training is completed.”

(c)

for paragraph 2, substitute–

“2.

Where, within three calendar years of a non-compliance being determined, there is a recurrence of non-compliance of the same underpinning requirement, the reduction shall be not less than £50, but shall not exceed 100% of all payments made or due to be made in the scheme year in which that recurrence was determined together with exclusion from payment from all schemes for the two scheme years immediately following.”

(d)

omit paragraphs 3 and 4.

(7)

Omit Article 40.

Annotations

Commencement

I1

Sch. 1 para. 13 in operation at 1.1.2026, see reg. 1(1)