The Agriculture (Legislative Functions) (EU Exit) Regulations 2019

• Citation: S.I. 2019/748
• Sections: 86

Section 1 Citation and commencement

These Regulations may be cited as the Agriculture (Legislative Functions) (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.

Section 2 Amendment of Regulation (EU) No 1306/2013

Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy is amended in accordance with regulations 3 to 27.

Section 3

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Section 4

In Article 8—

(a) in paragraph 1—

(i) for the words from “Commission” to “Article 111” substitute “ appropriate authority may make regulations ” ;

(ii) omit point (a);

(b) omit paragraph 2.

Section 5

In Article 15—

(za) for the heading substitute— “ Powers ” ;

(a) for the words from “Commission” to “acts” substitute “ appropriate authority may make regulations ” ;

(b) omit the second paragraph.

Section 6

In Article 20, for paragraphs 2 to 4 substitute—

(2) The appropriate authority may make regulations in relation to public intervention expenditure concerning:

(a) the types of measures eligible for financing and the reimbursement conditions;

(b) the eligibility conditions and calculation methods based on the information actually observed by the paying agencies or based on flat-rates prescribed in regulations by the appropriate authority, or based on flat-rate or non-flat-rate amounts provided for by the sectoral agricultural legislation.

(3) The appropriate authority may make regulations laying down the rules on the valuation of operations in connection with public intervention, the measures to be taken in the case of loss or deterioration of products under the public intervention, and on the determination of the amounts to be financed.

Section 7

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Section 8

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Section 9

In Article 46, for paragraphs 5 and 6 substitute—

(5) The appropriate authority may make regulations laying down specific conditions applying to the information to be booked in the accounts kept by paying agencies.

(6) The appropriate authority may make regulations to make provision for the financing of intervention measures in the form of public storage, and other expenditure financed by agricultural support.

Section 10

For Article 50(2) substitute—

(2) The appropriate authority may make regulations laying down rules on the conditions on which the supporting documents referred to in Article 49 are to be kept, including their form and the time period of their storage.

Section 11

For Article 57 substitute—

Power to make regulations

In order to ensure correct and efficient application of the provisions relating to the conditions for the recovery of undue payments and interest thereon, the appropriate authority may make regulations setting out procedures for such recovery as set out in this Section.

Section 12

In Article 62—

(a) for the heading substitute— “ Powers as regards checks ” ;

(b) in paragraph 2—

(i) for “Commission shall adopt implementing acts” substitute “ appropriate authority may make regulations ” ;

(ii) in point (a)—

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

(bb) omit the words from “resulting” to the end;

(iii) omit points (e) and (f);

(iv) omit the second subparagraph.

Section 13

In Article 63—

(a) in paragraph 4, for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ” ;

(b) in paragraph 5—

(i) for “The Commission shall adopt implementing acts” substitute “ The appropriate authority may make regulations ” ;

(ia) in point (b), omit “in respect of unduly allocated payment entitlements and”.

(ii) omit the second subparagraph.

Section 14

In Article 64—

(a) in paragraph 6—

(i) for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ” ;

(ii) in point (a), omit “by Member States”;

(b) in paragraph 7—

(i) for “The Commission shall adopt implementing acts” substitute “ The appropriate authority may make regulations ” ;

(ii) omit point (c);

(iii) omit the second subparagraph.

Section 15

In Article 72(5), for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ” .

Section 16

In Article 75(3)—

(a) for “Commission shall adopt implementing acts” substitute “ appropriate authority may make regulations ” ;

(b) for “implementing acts”, in the second place it occurs, substitute “ regulations ” ;

(c) omit the last sentence.

Section 17

In Article 76—

(a) in paragraph 1—

(i) for “protects the financial interests of the Union” substitute “ ensures proper management of public money ” ;

(ii) for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ” ;

(iia) in point (a), omit the words from “, in addition to those” to the end;

(iii) in point (b), omit “by the Member States”;

(b) in paragraph 2—

(i) for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ” ;

(ia) omit point (b);

(ii) in point (c), for the words from “such” to “eligible area” substitute “ such rules may allow, in relation to areas under permanent grassland, for scattered landscape features and trees, the total area of which does not exceed a specified percentage of the reference parcel, to be part of the eligible area automatically ” .

Section 18

In Article 77—

(a) in paragraph 7—

(i) for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ” ;

(ia) for “paragraphs 5 and 6” substitute “ paragraph 5 ” ;

(ii) omit “by Member States”;

(b) in paragraph 8—

(i) for “The Commission shall adopt implementing acts” substitute “ The appropriate authority may make regulations ” ;

(ii) omit the second subparagraph.

Section 19

In Article 78—

(a) for “The Commission shall adopt implementing acts” substitute “ The appropriate authority may make regulations ” ;

(b) in point (b)—

(i) omit “and applications for payment entitlements,”;

(ii) for the words from “Member” to the end substitute “ for the application of simplified procedures or correction of obvious errors ” ;

(c) omit the last sentence.

Section 20

In Article 79(2), for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ” .

Section 21

In Article 84(6)—

(a) in the first sentence—

(i) for “Member States in their” substitute “ relevant authority in its ” ;

(ii) for “Commission” substitute “ relevant accounting officer ” ;

(b) for the last sentence substitute “ In order to take account of economic developments, the appropriate authority may make regulations modifying the threshold. Such regulations may specify the threshold in Sterling. ” .

Section 22

For Article 88 substitute—

Power to make regulations

The appropriate authority may make regulations laying down rules for the uniform application of this Chapter and in particular relating to:

(a) the performance of the scrutiny referred to in Article 80 as regards the selection of undertakings, rate and the calendar for the scrutiny;

(b) the conservation of commercial documents and the types of documents to maintain or data to record;

(c) the responsibilities of the special department referred to in Article 85;

(d) the content of reports referred to in Article 86.

Section 23

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Section 24

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Section 25

In Article 106—

(a) in paragraph 5, for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ” ;

(b) in paragraph 6—

(i) omit the words from “by”, in the first place it occurs, to “euro”, in the first place it occurs;

(ii) for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ” .

Section 26

In Article 114—

(a) for “Commission shall adopt implementing acts” substitute “ appropriate authority may make regulations ” ;

(b) omit point (c);

(c) omit the second subparagraph.

Section 27

For Article 115 substitute—

Regulations: general

1 Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument. 2 For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 . 3 Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 . 4 Regulations under this Regulation may: a contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments); b make different provision for different purposes. Article 115A Regulations: the Secretary of State

1 Except as specified in paragraphs 2 to 6, a statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 A statutory instrument containing regulations made by the Secretary of State under Article 75(3) must be laid before Parliament after being made. 4 Regulations made by the Secretary of State under Article 75(3) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by resolution of each House of Parliament. 5 In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which: a Parliament is dissolved or prorogued, or b either House of Parliament is adjourned for more than 4 days. 6 If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 115B Regulations: the Welsh Ministers

1 Except as specified in paragraphs 2 to 5, a statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of National Assembly for Wales. 2 A statutory instrument containing regulations made by the Welsh Ministers under Article 75(3) must be laid before the National Assembly for Wales after being made. 3 Regulations made by the Welsh Ministers under Article 75(3) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument containing them is made unless, during that period, the instrument is approved by a resolution of the National Assembly for Wales. 4 In calculating the period of 28 days for the purposes of paragraph 3, no account is to be taken of any time during which the National Assembly for Wales: a is dissolved, or b in recess for more than 4 days. 5 If regulations cease to have effect as a result of paragraph 3, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 115C Regulations: the Scottish Ministers

1 Except as specified in paragraphs 2 to 5, regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010). 2 Regulations made by the Scottish Ministers under Article 75(3) must be laid before the Scottish Parliament after being made. 3 Regulations made by the Scottish Ministers under Article 75(3) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament. 4 In calculating the period of 28 days for the purposes of paragraph 3, no account is to be taken of any time during which the Scottish Parliament is: a dissolved, or b in recess for more than 4 days. 5 If regulations cease to have effect as a result of paragraph 3, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 115D Regulations: Northern Ireland

(1) Except as specified in paragraphs 2 to 5, regulations made by the Department of Agriculture, Environment and Rural Affairs (“ the Department ”) under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

(2) Regulations made by the Department under Article 75(3) must be laid before the Northern Ireland Assembly after being made.

(3) Regulations made by the Department under Article 75(3) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the instrument is approved by a resolution of the Northern Ireland Assembly.

(4) In calculating the period of 28 days for the purpose of paragraph 3, no account is to be taken of any time during which the Northern Ireland Assembly is:

(a) dissolved,

(b) in recess for more than 4 days, or

(c) adjourned for more than 6 days.

(5) If regulations cease to have effect as a result of paragraph 3, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.

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Section 28 Amendment of Regulation 906/2014

Commission Delegated Regulation (EU) 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 in accordance with regulation 29.

Section 29

In Article 4(2), for the third subparagraph substitute—

The appropriate authority may make regulations setting the value of products which have deteriorated or been destroyed, either due to natural disasters or to too long a period of storage as referred to in point 2 of Annex VII to this Regulation.

Regulations made by the Secretary of State or the Welsh Ministers under this paragraph are to be made by statutory instrument.

For regulations made under this paragraph by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this paragraph is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

A statutory instrument containing regulations made by the Secretary of State under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

A statutory instrument containing regulations made by the Welsh Ministers under this paragraph is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Regulations made by the Scottish Ministers under this paragraph are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

Regulations made by the Department of Agriculture, Environment and Rural Affairs under this paragraph are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

Regulations under this paragraph may:

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);

(b) make different provision for different purposes.

Before making any regulations under this Regulation, the appropriate authority must consult:

(a) such bodies or persons as appear to the authority to be representative of the interests likely to be substantially affected by the regulations, and

(b) such other bodies or persons as the authority may consider appropriate.

Section 30 Amendment of Regulation (EU) No 1307/2013

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Section 31

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Section 32

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Section 33

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Section 34

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Section 35

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Section 36

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Section 37

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Section 38

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Section 39

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Section 40

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Section 41

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Section 42

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Section 43

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Section 44

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Section 45

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Section 46

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Section 47

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Section 48

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Section 49 Amendment of Regulation (EU) No 1305/2013

Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development is amended in accordance with regulations 50 to 72.

Section 50

In Article 2—

(a) in paragraph 1, after point (u) insert—

(v) ‘appropriate authority’ means—

(i) the relevant authority for the constituent nation in which the regulations apply, or

(ii) the Secretary of State:

(aa) in relation to regulations applying in Scotland, if consent is given by the Scottish Ministers;

(bb) in relation to regulations applying in Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.

(b) in paragraph 3, for the words from “Commission” to “Article 83” substitute “ appropriate authority may make regulations ” .