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The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019

Type Statutory-Instrument

Publication 2019-03-28

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

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 .

In accordance with paragraph 2(2) of Schedule 2 to the European Communities Act 1972 and paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement

1

These Regulations may be cited as the Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 and come into force on the later of exit day or the day after the day on which they are made.

Amendment of Commission Delegated Regulation (EU) 906/2014

2

(1) Commission Delegated Regulation No 906/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to public intervention expenditure is amended as follows.

(2) In Article 1, for “the European Agricultural Guarantee Fund (EAGF)” substitute “ ... CMO support ”;

(3) In Article 3—

(a) in paragraph 1—

(i) for “the EAGF” substitute “ ... CMO support ”;

(ii) omit points (a) to (d);

(b) in paragraph 2—

(i) omit the first subparagraph;

(ii) in the second subparagraph, for “period referred to in point (a) of Article 3(3) of Delegated Regulation (EU) No 907/2014” substitute “ United Kingdom financial year ”.

(4) In Article 4—

(a) omit paragraph 3;

(b) omit paragraph 4;

(d) omit paragraph 8.

(5) In Article 5, omit the second paragraph.

(6) Omit Annexes 1 to 3.

(6A) In Annex 4, for “Article 7 of the Regulation (EU) No 1308/2013” substitute “ Article 1a of Regulation (EU) No 1370/2013 ”.

(7) In Annex 5—

(a) in paragraph 3, for “Commission” in both places it occurs, substitute “ relevant authority ”;

(b) in paragraph 4—

(i) in the first subparagraph—

(aa) for “Commission” substitute “ relevant authority ”;

(bb) for “Member State” substitute “ the relevant authority who owns the product ”;

(ii) in the second subparagraph for “Member State”, in both places it occurs, substitute “ the relevant authority who owns the product ”;

(i) for “and by Member State shall be based on a notification from the Member States, sent to the Commission no later than 7 September of year n+1, relating to products in storage at 30 September of that year, including” substitute “ shall be drawn up by the relevant authorities and will include ”;

(ii) in the third and sixth indents, after “euro” insert “ or sterling ”;

(d) in paragraph 6—

(i) for “national currency” substitute “ sterling ”;

(ii) for “Member States” substitute “ relevant authority ”;

(iii) omit “whose currency is not the euro”;

(e) omit paragraph 7.

(8) In Annex 6—

(a) in point (b)—

(i) in the first subparagraph—

(aa) for “Member State of storage” substitute “ United Kingdom ”;

(aaa) for “Article 7 of Regulation (EU) No 1308/2013” substitute “ Article 1a of Regulation (EU) No 1370/2013 ”;

(bb) for “Member State” substitute “ relevant authority who owns the product ”;

(ii) in the second subparagraph—

(aa) for “Member State” substitute “ relevant authority who owns the product. ”;

(bb) omit the words from “on the basis” to “the Commission”;

(iii) in the third subparagraph—

(aa) for “the EAGF”, in both places it occurs, substitute “ ... CMO support ”;

(bb) for “Article 7 of Regulation (EU) No 1308/2013” substitute “ Article 1a of Regulation (EU) No 1370/2013 ”;

(b) in point (c), for “Union legislation” substitute “ the law applying in the constituent nation ”.

(9) In Annex 7—

(a) in paragraph 1, for “Union rules provide” substitute “ sectoral agricultural legislation provides ”;

(b) in paragraph 2—

(i) in point (a), for “Article 7 of Regulation (EU) No 1308/2013” substitute “ Article 1a of Regulation (EU) No 1370/2013 ”;

(ii) in points (b) and (d), omit “of the Commission”.

(10) Omit Annex 8.

Amendment of Commission Delegated Regulation (EU) 907/2014

3

(1) Commission Delegated Regulation (EU) No 907/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro is amended , insofar as it relates to common organisation of the markets and rural development measures as follows.

(2) Omit Articles 1 and 2.

(3) In Article 3—

(a) in paragraph 3—

(i) in point (c), for “to make available to the Commission the” substitute “ to keep ”;

(ii) in point (e), for “Union and national legislation” substitute “ the law applying in the constituent nation ”;

(iii) omit the second subparagraph;

(b) in paragraph 4, in point (a), omit “Union”;

(d) In Article 4, in paragraph 1, omit “Union”.

(4) Omit Articles 5 to 10.

(5) In Article 11—

(a) in paragraph 1—

(i) for “EAGF” substitute “ ... CMO support ”;

(ii) for “Member States which have not adopted the euro” substitute “ the relevant authority may choose to express it in either euro or sterling and ”;

(iii) omit the words from “For the clearance decisions referred in Article 51” to the end;

(b) omit paragraph 2.

(6) Omit Articles 12 , 13 and 14.

(7) In Article 15, omit the second paragraph.

(8) In Article 19, in paragraph 3, omit “Member State of the”.

(9) In Article 20—

(a) in paragraph 1, after “euro” insert “ or sterling ”;

(b) in paragraph 2—

(i) omit “If the security is accepted in a Member State which has not adopted the euro”;

(ii) for “the applicable national currency”, substitute “ sterling ”;

(iii) in the last sentence, after “euro” insert “ or sterling ”.

(10) In Article 21—

(a) in paragraph 1—

(i) for “Union,” substitute “ United Kingdom ”;

(ii) omit “, subject to the provisions of the Treaty concerning freedom to supply services,”;

(iii) omit “of the Member State in which the security is given”.

(11) In Article 23—

(a) in paragraph 3, in the second subparagraph, in point (b), for “Union” substitute “ United Kingdom ”;

(b) in paragraph 4, in the second subparagraph, for “Union” substitute “ United Kingdom ”;

(12) In Article 24—

(a) in paragraph 1, for “Union rules” substitute “ sectoral agricultural legislation ”;

(b) in paragraph 2, for “Member State” substitute “ relevant authority ”.

(13) In Article 25, in paragraph 2, omit “national”.

(14) In Article 26, for “Union rules provide” substitute “ sectoral agricultural legislation provides ”.

(15) In Article 27—

(a) in paragraph 1, in point (b), for “Union rules” substitute “ sectoral agricultural legislation ”;

(b) in paragraph 2, in the second subparagraph, omit “where specific Union rules so provide,”.

(16) In Article 28—

(a) in paragraph 1—

(i) omit “by Union law”;

(ii) for “the common agricultural policy” substitute “ agricultural support ”;

(iii) for “by the Member States in national currency”, substitute “ in sterling ”;

(b) in paragraph 2, for “Union agricultural legislation” substitute “ the law applying in the constituent nation ”.

(17) In Article 29, in paragraph 1, for “Union legislation”, substitute “ sectoral agricultural legislation ”.

(18) In Article 34, in paragraph 1, in the second subparagraph, omit “under Union rules,”.

(19) Omit Article 35.

(20) In Article 36, in the first paragraph, omit “in Union legislation”.

(21) In Article 39, for “national currencies” substitute “ sterling ”.

(22) In Article 40, in the first paragraph, omit “under Union legislation”.

(23) Omit Article 41.

(24) In Article 45, omit the second paragraph.

(24A) After Article 45 omit the words from “This Regulation” to “States.

(25) Omit Annex 1.

(26) In Annex 2—

(a) in section A—

(i) in sub-section 2—

(aa) in paragraph 4, omit “and be available to Commission staff and persons authorised by the Commission”;

(bb) in paragraph 5, in the third subparagraph omit “It shall be sent to the Commission at the same time as the annual accounts referred to in Article 7 (3)(a) of Regulation (EU) No 1306/2013.”;

(b) in section B, in the title, for “the common agricultural policy” substitute “ agricultural support ”.

(27) In Annex 3—

(a) in the first paragraph, omit “Union”;

(b) in section 4—

(i) in the first paragraph, for “Union legislation” substitute “ the law applying in the constituent nation ”;

(ii) in the second paragraph, in the fourth indent, for “Commission” substitute “ relevant authorities ”;

(d) in section 6, for “Article 104 of Regulation (EU) No 1306/2013” for the clearance of accounts procedures, without prejudice to the relevant national provisions” substitute “ sectoral agricultural legislation including the exercise of existing or repatriated powers, and without prejudice to any other provisions ”.

(28) Omit Annexes 5 and 6.

Amendment of Commission Implementing Regulation (EU) 908/2014

4

(1) Commission Implementing Regulation 908/2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency is amended , insofar as it relates to common organisation of the markets and rural development measures as follows:

(2) Omit Articles 1 to 3.

(3) In Article 4—

(a) in the heading, for “Coordinating body” substitute “ Relevant authorities acting jointly ”;

(b) for paragraph 1 substitute—

In accordance with Article 7(4) of Regulation (EU) No 1306/2013 the relevant authorities will act jointly on the following: (i) operating a monthly early warning and monitoring system; (ii) publishing beneficiary data on a single website; (iii) meeting international commitments; (iv) all of the information set out in Article 7 of Regulation (EU) No 1306/2013.

(d) in paragraph 3—

(i) for “its tasks” substitute “ their tasks ”;

(ii) for “coordinating body” substitute “ relevant authorities acting jointly ”;

(iii) for “national procedures,” substitute “ the procedures applying in the constituent nation, ”;

(e) omit paragraphs 4 and 5.

(4) Omit Articles 5 to 7.

(5) In Chapter 2, in the title, omit “of the funds”.

(6) Omit Articles 8 to 10.

(7) In Article 11—

(a) in paragraph 1—

(i) for “assigned revenue declared” substitute “ declared revenue ”;

(ii) in the second subparagraph, for “EAGF budget” substitute “ ... CMO support ”;

(iii) omit the third subparagraph;

(b) in paragraph 2, for “assigned revenue” substitute “ declared revenue ”;

(d) in paragraph 5, for “the EAGF” substitute “ ... CMO support ”;

(e) omit paragraph 6.

(8) In Article 12, in paragraph 2, in the second subparagraph, omit point (a).

(9) Omit Articles 13 to 15.

(10) Omit Article 16(1)(b).

(11) In Article 17—

(a) in paragraph 1, omit “or for the values and amounts calculated on the basis of the standard amounts established by the Commission”;

(b) in paragraph 2—

(i) in point (b)—

(aa) for “Member States” substitute “ constituent nations ”;

(bb) for “Member State” substitute “ constituent nation ”;

(ii) in point (c) for “the Union rules” substitute “ any provision ”;

(iii) in point (d)—

(aa) for “Union rules provide” substitute “ sectoral agricultural legislation provides ”;

(bb) for “EAGF” substitute “ ... CMO support ”;

(12) In Article 18, in paragraph 1, in point (b), omit “, where such costs are not covered by standard amounts”.

(13) Omit Articles 19 to 26.

(14) In Article 27, in paragraph 1, for “Member States” substitute “ A relevant authority ”.

(15) In Article 28—

(a) for “national law”, substitute “ the law applying in the constituent nation ”;

(b) for “Member States” substitute “ the relevant authority ”.

(16) Omit Articles 29 to 40.

(17) In Article 41—

(a) for paragraph 1 substitute—

The relevant authorities may decide to reduce the minimum level of on-the-spot checks in accordance with Article 59 (5) of Regulation (EU) No 1306/2013 (the relevant authority may use the certification audit results from 2017 to apply the reduced control rate until the scheme year 2019). Thereafter, for the reduced control rate to apply, the relevant constituent nation shall: (i) conduct an applicable audit that is appropriate in order to deliver an opinion (on the completeness, accuracy and veracity of the annual accounts); (ii) the opinion must validate both that the internal control system is functioning properly and that the error rate for the population concerned was below the materiality threshold of 2.0%; (iii) the opinion must cover at least the two consecutive financial years preceding the year in which the reduced rate is intended to apply.

(b) in paragraph 2—

(i) for “Member States” substitute “ The relevant authority ”;

(ii) omit the second subparagraph;

(18) In Article 42—

(a) in the heading, for “Member States” substitute “ the relevant authorities ”;

(b) in paragraph 1—

(i) for “by the EAGF” substitute “ of the direct payment and CMO support ”;

(ii) for “for the EAGF financial year” substitute “ in the United Kingdom financial year ”;

(i) for “Member States”, in the first place it occurs, substitute “ the relevant authority ”;

(ii) for “Member States”, in the second place it occurs, substitute “ A relevant authority ”;

(iii) omit the words from “The proposal” to “Annex V to this Regulation”;

(iv) for “Member States”, in the third place it occurs, substitute “ relevant authority ”;

(v) for “Commission” substitute “ Accounting Officer ”;

(vi) for “Commission's” substitute “Accounting Officer's”;

(d) in paragraph 3—

(i) for “Member State” substitute “ relevant authority ”;

(ii) for “by the EAGF” substitute “ of the direct payment and CMO support ”;

(e) in paragraph 4, for “Member State” substitute “ relevant authority ”.

(19) In Article 43, for “Member States” substitute “ The relevant authority ”.

(20) Omit Articles 44 and 45.

(21) In Article 46, omit paragraph 4.

(22) In Article 47—

(i) in paragraph 2, for “Member States” substitute “ a relevant authority ”;

(ii) in paragraph 3, for “Member States” substitute “ A relevant authority ”.

(23) In Article 48, omit the second paragraph.

(24) In Article 50, omit paragraph 4.

(25) In Article 51, in paragraph 2, in point (c)—

(a) for “the Member State”, substitute “ the constituent nation ”,

(b) for “that Member State”, substitute “ the relevant authority ”.

(26) In Article 54, in the first paragraph, for “Union rules do” substitute “ sectoral agricultural legislation does ”.

(27) In Article 55—

(a) in paragraph 2—

(i) in point (a), for “national law” substitute “ the law applying in the constituent nation ”;

(ii) in point (b), for “Member State” substitute “ relevant authority ”;

(iii) in point (c), for “national law” substitute “ the law applying in the constituent nation ”;

(iv) omit point (d);

(v) in point (e), for “Member States” substitute “ A relevant authority ”;

(b) omit paragraph 3.

(28) In Article 56—

(a) in paragraph 1—

(i) for “Member States” substitute “ A relevant authority ”;

(ii) omit “available for the Commission”;

(iii) omit “, distinguishing in either case between those credited to the national budgets and those credited to the budget of the Union”;

(iv) omit the second occurrence of “Union”;

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