The Common Agricultural Policy (Market Measures, Notifications and Direct Payments) (Miscellaneous Amendments) (EU Exit) Regulations 2019

• (c) for “competent authority of the Member State” there were substituted “appropriate authority”.

• (62) Article 148 is to be read as if—

• (a) in the first subparagraph—

• (i) “or Regulation (EC) No 1234/2007” were omitted;

• (ii) “or recognition” were omitted;

• (iii) for “Article 31 of Regulation (EC) No 73/2009” there were substituted “Article 2(2) of Regulation (EU) No 1306/2013”;

• (b) in the second subparagraph, for “competent authority of the Member State” there were substituted “appropriate authority”.

• (63) The provisions listed in paragraph 1 are to be read as if Annex 7 (which has no continuing effect) were omitted.

• (64) Annex 8 is to be read as if—

• (a) in the first paragraph, “, associations of producer organisations” were omitted;

• (b) in the table in section 1, in the row headed “Crisis prevention and management measures”, in the second column, points (a) and (b) were omitted;

• (c) in the table in section 2, in the row headed “Crisis prevention and management measures”, rows (a) and (b) were omitted;

• (d) in the table in section 3, in the section headed “Crisis prevention and management measures”, rows (a) and (b) were omitted;

• (e) in the table in section 4, “/APO” were omitted, in each place it occurs;

• (f) in section 5—

• (i) in the words before the table—

• (aa) in the second sentence, “/APO” were omitted;

• (bb) the third sentence were omitted;

• (ii) in the table—

• (aa) in the row headed “Improving competitiveness”, in the third column, “/association of POs (APO)” were omitted;

• (bb) “/APO” were omitted, in each place it occurs (including in the footnotes);

• (cc) in footnote 3, for “a Member State” there were substituted “the appropriate authority”;

• (dd) in the notes at the end, “; APO means association of producer organisations;” were omitted”;

• (65) Annex 9 is to be read as if—

• (a) in point 1—

• (i) in the first paragraph—

• (aa) the third indent were omitted;

• (bb) in the fifth indent, for the words from “The competent” to the end there were substituted “Experimental production can include the trialling of new breeds of plants, however costs related to plant breeding are not eligible”;

• (ii) the last paragraph were omitted;

• (b) in point 2(a)—

• (i) in the first paragraph, for “EU contribution” there were substituted “financial assistance referred to in Articles 32(1)(b) and 34 of Regulation (EU) No 1308/2013”;

• (ii) the second paragraph were omitted;

• (iii) in the third paragraph—

• (aa) for “Member States may restrict” there were substituted “Nothing in this Regulation prevents the appropriate authority from restricting”;

• (bb) for “they” substitute “it”;

• (c) in point 2(b)—

• (i) in the first paragraph, “, association of producer organisation” were omitted;

• (ii) the third and fourth paragraphs were omitted;

• (d) in point 2(c), the words from “, as well” to “associations of producer organisations” were omitted;

• (e) in point 5, the words from “other than” to the end were omitted;

• (f) in point 7, “, where appropriate, on a flat-rate basis” were omitted;

• (g) in point 8, for “Union” there were substituted “United Kingdom”;

• (h) in point 10, for “Union or national support” there were substituted “support from European Union or public funds”;

• (i) in point 11(a), for “concerned Member State” there were substituted “appropriate authority”;

• (j) in point 12, for “Member State” there were substituted “appropriate authority”;

• (k) in point 14—

• (i) in point (a), for the words from “the first” to the end there were substituted “Article 45(2) of Regulation (EU) No 1305/2013 and point (a) of Article 13 of Regulation (EU) No 807/2014”;

• (ii) in point (b), for “Union or national support” there were substituted “support from European Union or public funds”;

• (l) in point 15—

• (i) in the first paragraph, in the first indent, “, associations of producer organisations” were omitted;

• (ii) in the second paragraph, in point (a), for “Council Regulation (EC) No 510/2006” there were substituted “Regulation (EU) No 1151/2012 of the European Parliament and of the Council”;

• (iii) the third paragraph were omitted;

• (m) in point 17, the words from “as referred” to the end were omitted;

• (n) in point 18, “national or regional” were omitted;

• (o) in point 20, for “Union or national support” there were substituted “support from European Union or public funds”;

• (p) in point 22, “and associations of producer organisations or their producer members” were omitted;

• (q) in point 23, for “association of producer organisations, or their” there were substituted “or its”;

• (r) in point 24, for “Union” there were substituted “United Kingdom”.

• (66) The provisions listed in paragraph 1 are to be read as if Annexes 10 to 13 were omitted.

• (67) The provisions listed in paragraph 1 are to be read as if Annexes 14 and 15 (which have no continuing effect) were omitted.

PART 4 — Amendment of subordinate legislation

Amendment of the Agriculture (Legislative Functions) (EU Exit) Regulations 2019

7

After regulation 8 of the Agriculture (Legislative Functions) (EU Exit) Regulations 2019[^f00026], insert—

(8A) After Article 28 insert— (1) The substitution of Article 26 by the Agriculture (Legislative Functions) (EU Exit) Regulations 2019 does not affect the obligation on the relevant authority to make reimbursements in respect of the 2018 adjustment rate to relevant direct payment recipients in accordance with Article 26(5) as it applied immediately before exit day. (2) For the purposes of paragraph 1, a person is a relevant direct payment recipient if that person would be subject to an adjustment rate in respect of direct payments for the 2019 scheme year under Article 8 of Regulation (EU) No 1307/2013 as it applied immediately before exit day.

Signed

George Eustice — Minister of State — Department for Environment, Food and Rural Affairs — At 2.00 p.m. on 14th October 2019

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, 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), (b), (c), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

Part 2 of these Regulations makes amendments to Commission Implementing Regulation (EU) No 543/2011, Commission Delegated Regulation (EU) 2017/891 and Commission Implementing Regulation (EU) 2017/892 concerning producer groups, producer organisations and notifications in the fruit and vegetables and processed fruit and vegetables sectors.

It also amends provisions of Commission Implementing Regulation (EU) 2017/1185 relating to notifications of agricultural market information to domestic authorities.

Part 3 amends the way that provisions of Commission Implementing Regulation (EU) No 543/2011 which have been repealed but which continue to operate by virtue of savings provisions in Commission Delegated Regulation (EU) 2017/891 are to be interpreted.

Part 4 amends the Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748) to ensure that any reimbursements made in respect of financial adjustments to direct payments for 2018 are paid to farmers on the same basis as previously under the common agricultural policy.

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

Footnotes

[^f00001]: 2018 c. 16.

[^f00002]: Article 2 is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00003]: Article 23(2) is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00004]: The second subparagraph of Article 23(4) is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00005]: Article 31(7) is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00006]: 2000 c. 8.

[^f00007]: Article 59(1) is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00008]: Article 60(1) is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00009]: Article 60(2) is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00010]: 1998 c. 11.

[^f00011]: Part A of Annex 5 is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00012]: Article 1A is further amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00013]: Article 9(6) is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00014]: The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343) amend this Article to include provision for the procedures for the submission of requests for recognition.

[^f00015]: Article 26(4) is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00016]: Article 34 is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00017]: Article 35 is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00018]: Annex 2 is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00019]: Articles 2, 19 to 35 and 50 to 148 of, and Annexes 6 to 18 to, Commission Implementing Regulation (EU) No 543/2011 were deleted by Article 79 of Commission Delegated Regulation (EU) 2017/891, but under Article 80 of Regulation (EU) 2017/891 a producer organisation or association of producer organisations may request that an operational programme approved under Regulation (EU) No 543/2011 continue to operate until its end under the conditions applicable under that Regulation.

[^f00020]: The first subparagraph of Article 96(5) is amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00021]: Article 114 is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00022]: Article 115(1) is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00023]: Article 115(2) is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00024]: Article 143 is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00025]: Article 147 is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00026]: S.I. 2019/748.