The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023

• Citation: S.I. 2023/816
• Sections: 9

Section 1 Citation, commencement, extent and application

(1) These Regulations may be cited as the Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 and come into force on 1st January 2024.

(2) These Regulations extend to England and Wales and apply to England only.

Section 2 Revocations and savings

The Schedule to these Regulations has effect.

Section 3 Amendment of Regulation (EU) No 1306/2013

(1) 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 as follows.

(2) In Article 112 (threshold), in the second paragraph, for “shall”, in each place it occurs, substitute “may” .

(3) In Article 113 (information of the beneficiaries), in the first paragraph, for “will” substitute “may” .

Section 4 Amendment of Commission Delegated Regulation (EU) No 640/2014

(1) Commission Delegated Regulation (EU) No 640/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance is amended insofar as it relates to rural development support measures, as follows.

(2) In Article 13(1) (late submission)—

(a) in the second subparagraph, for “shall”, in the second place it occurs, substitute “may” ;

(b) in the third subparagraph—

(i) for “shall”, in the first place it occurs, substitute “may” ;

(ii) after “considered inadmissible and” insert “in that case” .

(3) In this regulation, “ rural development support measures ” means measures under support schemes under—

(a) Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) ;

(b) Regulation (EU) No 1698/2005 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) ; or

(c) 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 (EAFRD) .

Section 5 Amendment of Commission Implementing Regulation (EU) No 809/2014

(1) Commission Implementing Regulation (EU) No 809/2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance is amended as follows.

(2) In Article 15(2) (amendments to the single application or payment claim), in the first subparagraph, omit “by 31 May of the year concerned”.

Section 6 Amendment of Regulation (EU) No 1306/2013

(1) Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78 , (EC) No 165/94 , (EC) No 2799/98 , (EC) No 814/2000 , (EC) No 1290/2005 and (EC) No 485/2008 is amended as follows.

(2) In Article 80 (scrutiny by the relevant authority)—

(a) in paragraph 1—

(i) for “shall”, in each place it occurs, substitute “may” ;

(ii) omit the second and third sentences;

(b) in paragraph 2, for “shall” substitute “may” .

(3) In Article 81 (objectives of the scrutiny)—

(a) in paragraph 1—

(i) after “The accuracy of” insert “any” ;

(ii) for “shall” substitute “may” ;

(b) in paragraph 2—

(i) before “scrutiny” insert “any” ;

(ii) for “shall” substitute “may” ;

(c) omit paragraph 3.

(4) In Article 82 (access to commercial documents)—

(a) in paragraph 1, for “shall”, in the second place it occurs, substitute “may” ;

(b) in paragraph 3, in the first subparagraph—

(i) for “shall” substitute “may” ;

(ii) for “such records as are required” substitute “such records as may be required” .

(5) In Article 84 (programming)—

(a) in paragraph 1, for “shall” substitute “may” ;

(b) in paragraph 2, for “shall”, in both places it occurs, substitute “may” ;

(c) in paragraph 3, for “shall” substitute “may” .

(6) In Article 85(1) (special departments), for “shall”, in the first place it occurs, substitute “may” .

(7) In Article 86(1) (reports), for “shall” substitute “may” .

Section 7 Amendment of Commission Implementing Regulation (EU) No 908/2014

(1) Commission Implementing Regulation (EU) No 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 as follows.

(2) In Article 42 (scrutiny by the relevant authorities)—

(a) in paragraph 1, for “shall” substitute “may” ;

(b) in paragraph 2—

(i) for “shall”, in the first, second, fourth and fifth places it occurs, substitute “may” ;

(ii) omit “, without prejudice to their obligations laid down in Article 80(1) of Regulation (EU) No 1306/2013,”;

(c) in paragraph 3—

(i) for “it shall be compulsory for” substitute “the relevant authority may scrutinise” ;

(ii) omit “, to be scrutinised”;

(d) in paragraph 4, omit the second sentence.

(3) In Article 47(1) (special departments)—

(a) for “shall be responsible” substitute “may” ;

(b) omit “, for”;

(c) in point (a), for “training” substitute “train” ;

(d) in point (b), for “administering” substitute “administer” ;

(e) in point (c), for “the preparation and communication of” substitute “prepare and communicate” .

Section 1

Subject to the saving specified in Part 2, the instruments listed in column 1 of the tables below are revoked, in relation to England only, to the extent specified in the corresponding entry in column 2 of those tables.

Revocation of legislation governing the cross-compliance framework in England

Articles 9 and 10

Chapter 3 of Title 3 of Part 2 (Articles 41 to 48)

Chapter 2 of Title 4 of Part 2 (Articles 65 to 67)

Article 71

Article 71b(2)

Article 9(2)

Article 10(5)

Section 2 of Chapter 2 of Title 1 of Part 2 (Articles 19 to 24)

Chapter 1 of Title 2 (Articles 4 to 6)

Articles 22 to 25

Article 124(5)

Article 142(o)

Annexes 2 and 3

Chapter 2 of Title 1 of Part 2 (Articles 8 and 9)

Chapter 3 of Title 3 of Part 2 (Articles 47 to 54)

Chapter 3 of Title 4 of Part 2 (Articles 70 to 72)

Article 77

Article 79(2)

Article 9(2)

Article 10(3)

Section 2 of Chapter 2 of Title 1 of Part 2 (Articles 19 to 21)

Title 6 (Articles 91 to 101)

Annex 2

Chapter 2 of Title 4 (Articles 38 to 41)

Article 42

Article 5

Title 5 (Articles 64 to 75)

Regulation 18

Schedules 2 and 3

Consequential and incidental revocations

Article 1, “cross-compliance,”

Article 1, the words from “, and for the implementation of cross-compliance” to “479/2008”

Article 2, first paragraph, subparagraphs (30), (31), (34), (35) and (36)

Article 2, second paragraph

Article 11(1), third subparagraph

Article 14(1a), second subparagraph

Article 23(1), “and of the requirements and standards relevant for cross-compliance”

Article 23a(1), second subparagraph, final sentence

Article 76(1)(a), the words from “, including in particular” to “requirements and conditions”

Article 76(1)(e)

Article 39(3), first subparagraph, the words from “relevant mandatory standards” to “as well as”

Article 40(2), first subparagraph, the words from “relevant mandatory standards” to “and other”

Article 46, first paragraph, the words from “of the relevant mandatory standards” to “as well as”

Annex 2, Part A, point 5.2, third indent

Article 1, “cross-compliance,”

Article 1, the words from “, and for the implementation” to “1234/2007”

Article 2(31), (32), (35), (36) and (38)

Article 11(1), third subparagraph

Article 26(1), “and of the requirements and standards relevant for cross-compliance”

Article 27(1), final sentence

Article 55(2)

Article 75(1), final sentence

Article 84(1)(a), the words from “including in particular the options chosen” to “and conditions”

Article 84(1)(e)

Article 15(4)(a)

Article 28(3), the words from “the relevant mandatory standards” to “1306/2013,”

Article 29(2), the words from “the relevant mandatory standards” to “1306/2013,”

Article 30(4)(b), the words from “the statutory management requirements” to “1306/2013 and”

Article 33(2), the words from “relevant mandatory standards” to “1306/2013 and other”

Annex 5, second row of table (for which the first column refers to RD priority 4)

Article 1(d)

Article 12(2)(a)

Article 63(2), second sentence

Article 64(1), “and in Articles 91 to 101 of Title VI”

Article 67(3)

Article 2(1)(1), the words from “, the beneficiary subject” to “1306/2013 and/or”

Article 2(1)(2)(b)

Article 2(2)

Article 4(1), final subparagraph

Article 9(2)

Article 10(2)

Article 13(2)

Article 16(2)

Annex 1, Part 1, paragraph 8(1), “cross-compliance,”

Annex 1, Part 1, paragraph 8(2)(e)—

point 9, first indent, the words from “the relevant mandatory standards” to “1306/2013 of the European Parliament and of the Council,”

point 9, third indent, the words from “good agricultural” to “management requirements,”

point 10, first indent, the words from “the relevant mandatory standards” to “1306/2013,”

point 11, fourth indent, the words from “for Natura 2000” to “to Regulation (EU) No 1306/2013 and”, and the words from “mandatory standards” to “of Regulation (EU) No 1306/2013 and”

point 13, first indent

Article 1(r) and (s)

Article 6(4)

Article 24(1)(c)

Article 25, second paragraph, second sentence

Article 27, second paragraph, the words from “commitments and” to “cross-compliance,”

Article 41(1)(h), “and/or cross-compliance”

Regulation 14(3)(b)

Regulation 14(4)(c)

Regulation 5(5)

Regulation 5(6)(d)

Regulation 5(24)(b)

Regulation 5(51) to (58)

Regulation 6(2)(a)(ai)

Regulation 6(2)(a)(i)

Regulation 6(25) and (26)

Regulation 4(6) and (7)

Regulation 7(8)

Regulation 8(7) and (8)

Regulation 8(31) to (36)

Regulation 9(4)(b)

Section 2

Notwithstanding the revocations in Part 1 of each of the provisions listed in the tables, those provisions continue to have effect, in relation to England, so far as is necessary for the purposes of determining any outstanding rights and liabilities arising in respect of the cross-compliance framework.