The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023

Regulation 17

SCHEDULE 4 Consequential Amendments

Amendment of Regulation (EU) No 1305/2013 of the European Parliament and of the Council

1.—(1) Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005(1) is amended as follows.

(2) In Article 2 (definitions), in paragraph 1, in point (f) (definition of “agricultural area”), for “Article 4 of Regulation (EU) No 1307/2013” substitute “Article 2(1) of Regulation (EU) No 1306/2013”.

(3) In Article 8 (content of rural development programmes), in paragraph 1(h)(i), for the words “the appropriations provided” to the end substitute “the appropriations provided to the less developed regions”.

(4) In Article 15 (advisory services, farm management and farm relief services), for paragraph 4(b) substitute—

“(b) where applicable, the maintenance of the agricultural area as referred to in point (c) of Article 2(1) of Regulation (EU) No 1306/2013;”.

(5) In Article 16 (quality schemes for agricultural products, and foodstuffs), in paragraph 3, omit the final subparagraph.

(6) In Article 18 (restoring agricultural production potential damaged by natural disasters and catastrophic events and introduction of appropriate prevention actions), in paragraph 4, omit “or direct payment support”.

(7) In Article 19 (farm and business development)—

(a) in paragraph 1, omit point (c);

(b) in paragraph 2, omit the final subparagraph;

(c) in paragraph 4, omit the third subparagraph;

(d) omit paragraph 7.

(8) In Article 20 (basic services and village renewal in rural areas), in paragraph 2, for “support under other” to “direct payment support” substitute “support under Regulation 508/2014”.

(9) In Article 28 (agri-environment-climate)—

(a) in paragraph 3, for “point (c)(ii) and (c)(iii) of Article 4(1) of Regulation (EU) No 1307/2013” substitute “points (b)(ii) and (b)(iii) of Article 2(1) of Regulation (EU) 1306/2013”;

(b) in paragraph 6, omit the second subparagraph;

(c) omit paragraph 11.

(10) In Article 29 (organic farming)—

(a) in paragraph 1, omit from “and who are active farmers” to the end;

(b) in paragraph 2, for “points (c)(ii) and (c)(iii) of Article 4(1) of Regulation (EU) No 1307/2013” substitute “points (b)(ii) and (b)(iii) of Article 2(1) of Regulation (EU) 1306/2013”:

(c) in paragraph 4, omit the second subparagraph;

(d) omit paragraph 6.

(11) In Article 30 (Natura 2000 and Water Framework Directive payments)—

(a) in paragraph 1, omit the second subparagraph;

(b) in paragraph 3, for “points (c)(ii) and (c)(iii) of Article 4(1) of Regulation (EU) No 1307/2013” substitute “points (b)(ii) and (b)(iii) of Article 2(1) of Regulation (EU) 1306/2013”;

(c) in paragraph 4, in point (b), for “points (c)(ii) and (c)(iii) of Article 4(1) of Regulation (EU) No 1307/2013” substitute “points (b)(ii) and (b)(iii) of Article 2(1) of Regulation (EU) 1306/2013”.

(12) In Article 31 (payments to areas facing natural or other specific constraints)—

(a) in paragraph 1, in the second subparagraph, omit from “, taking into account payments” to the end;

(b) in paragraph 2, omit from “and are active farmers” to the end.

(13) In Article 33 (animal welfare), in paragraph 1, omit from “and who are active farmers” to the end.

(14) In Article 35 (co-operation)—

(a) in paragraph 6, for “, CMO support or direct payment support” substitute “or CMO support”;

(b) in paragraph 9, omit “or direct payment support”.

(15) In Article 36 (risk management), omit paragraph 2.

(16) In Article 39b (exceptional temporary support to farmers and SMEs particularly affected by the COVID-19 crisis), in paragraph 6, omit “or direct payment support”.

(17) In Article 48 (revision clause), in the first subparagraph, omit the final sentence.

(18) In Article 58 (resources and their distribution)—

(a) omit paragraphs 5 and 6;

(b) in paragraph 7, omit “including the transfers referred to in paragraphs 5 and 6 of this Article,”.

(19) In Article 59 (fund contribution)—

(a) in paragraph 4, omit point (e);

(b) in paragraph 8, omit “or direct payment support”.

Amendment of Regulation (EU) No 1306/2013 of the European Parliament and of the Council

2.—(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(2) is amended as follows.

(2) At the end of Article 1 (scope) insert—

“This Regulation does not apply to direct payments in England in respect of any year falling after the end of 2023.”.

(3) In Article 2 (terms used in this Regulation)—

(a) in paragraph 1—

(i) for point (a), substitute—

“(a) “farmer” means a natural or legal person, or a group of natural or legal persons, regardless of the legal status granted to such group and its members by law, whose holding is situated within England, and who exercises an agricultural activity;”;

(ii) for point (b) substitute—

“(b) “agricultural activity” means—

(i) production, rearing or growing of agricultural products, including harvesting, milking, breeding animals, and keeping animals for farming purposes,

(ii) maintaining an agricultural area in a state which makes it suitable for grazing or cultivation without preparatory action going beyond usual agricultural methods and machineries, based on criteria established by the relevant authority, or

(iii) carrying out a minimum activity, defined by the relevant authority, on agricultural areas naturally kept in a state suitable for grazing or cultivation;”;

(iii) for point (c), substitute—

“(c) “agricultural area” means any area taken up by arable land, permanent grassland and permanent pasture, or permanent crops;”;

(iv) for point (d), substitute—

“(d) “holding” means all the units situated in England which are used for agricultural activities and managed by a farmer;”;

(v) for point (e), substitute—

“(e) “direct payments” means, in relation to England only, direct payments within the meaning of Article 1 of Regulation (EU) No 1307/2013 as that regulation applied in relation to England immediately before the end of 2023;”;

(vi) after point (e), insert—

“(ea) “permanent crops” means non-rotational crops other than permanent grassland and permanent pasture that occupy the land for five years or more and yield repeated harvests, including nurseries and short rotation coppice;

(eb) “permanent grassland and permanent pasture” (together referred to as “permanent grassland”) means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for five years or more, and, where the relevant authority so decides, that has not been ploughed up for five years or more; it may include other species such as shrubs and/or trees which can be grazed and, where the relevant authority so decides, other species such as shrubs and/or trees which produce animal feed, provided that the grasses and other herbaceous forage remain predominant. The relevant authority may also decide to consider as permanent grassland:

(i) land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas; and/or

(ii) land which can be grazed where grasses and other herbaceous forage are not predominant or are absent in grazing areas;

(ec) “grasses or other herbaceous forage” means all herbaceous plants traditionally found in natural pastures or normally included in mixtures of seeds for pastures or meadows in the United Kingdom, whether or not used for grazing animals;”.

(4) In Article 69 (computerised database), in paragraph 1, in the second subparagraph, for “point (h) of” to “1307/2013” substitute “point (eb) of Article 2(1) of this Regulation”.

(5) In Article 75 (payment to beneficiaries)—

(a) in paragraph 1, omit point (a);

(b) in paragraph 2 omit “(other than advances made under paragraph 1(a))”.

Amendment of Article 189 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council

3.  In Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007(3), in Article 189 (imports of hemp)—

(a) in paragraph (1)(a), for “the conditions laid down in Article 32(6) and in Article 35(3) of Regulation (EU) No 1307/2013” substitute “the conditions laid down in Article 32(6) of Regulation (EU) No 1307/2013 as that Article applied in relation to England immediately before the end of 2023”; and

(b) in paragraph (1)(b), for “fixed in accordance with Article 32(6) and in Article 35(3) of Regulation (EU) No 1307/2013” substitute “fixed in accordance with Article 32(6) of Regulation (EU) No 1307/2013 as that Article applied in relation to England immediately before the end of 2023”.

Amendment of Commission Delegated Regulation 640/2014

4.—(1) Commission Delegated Regulation (EU) No 640/2014 of 11 March 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(4) is amended as follows.

(2) At the end of Article 1 (scope) insert—

“This Regulation does not apply to direct payments in England under Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 in respect of any year falling after the end of 2023.”.

(3) In Article 2 (definitions), after paragraph 2, insert—

“3.   In this Regulation, references to “Regulation (EU) No 1307/2013” are to be construed as references to that Regulation as it applied in relation to England immediately before the end of 2023.”.

(4) In Article 4 (force majeure and exceptional circumstances), in paragraph 1, omit the first subparagraph.

(5) In Article 5 (identification of agricultural parcels), in paragraph 1, in the first subparagraph, for “Article 4(1)(e) of Regulation (EU) 1307/2013” substitute “Article 2(1)(c) of Regulation (EU) No 1306/2013”.

“Amendment of Commission Delegated Regulation (EU) No 807/2014”

5.  In Commission Delegated Regulation (EU) No 807/2014 of 11 March 2014 supplementing Regulation (EU) No 1305/2015 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and introducing transitional provisions(5), omit Article 9 (exclusion of double funding of agricultural practices beneficial for the climate and the environment and of equivalent practices).

Amendment of Annex 1 of Commission Implementing Regulation (EU) No 808/2014

6.—(1) In Annex 1 of Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2015 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)(6), Part 1 is amended as follows.

(2) In paragraph 8(2)(e) (description of the measures selected)—

(a) in point 9 (agri-environment-climate)—

(i) in the first indent, for “Article 4(1)(c)(ii) and (iii) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council” substitute “Article 2(1)(b)(ii) and (iii) of Regulation (EU) No 1306/2013”;

(ii) in the fifth indent, omit from “where relevant, that methodology” to “exclude double funding;”;

(b) in point 10 (organic farming)—

(i) in the first indent, for “Article 4(1)(c)(ii) and (iii) of Regulation (EU) No 1307/2013” substitute “Article 2(1)(b)(ii) and (iii) of Regulation (EU) No 1306/2013”;

(ii) in the second indent, omit from “; where relevant, that methodology” to “double funding”;

(c) in point 11 (Natura 2000 and Water Framework Directive Payments), in the fourth indent—

(i) omit from “the relevant criteria and minimum activities referred to” to “Regulation (EU) No 1307/2013;”;

(ii) in the second place it occurs, for “Article 4(1)(c)(ii) and (iii) of Regulation (EU) No 1307/2013” substitute “Article 2(1)(b)(ii) and (iii) of Regulation (EU) No 1306/2013”;

(iii) in the seventh indent, omit from “; where relevant, that methodology” to the end.

Amendment of Commission Implementing Regulation 809/2014

7.—(1) Commission Implementing Regulation (EU) No 809/2014 of 17 July 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(7) is amended as follows.

(2) At the end of Article 1 (scope), insert—

“This Regulation does not apply to direct payments in England under Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 in respect of any year falling after the end of 2023.”.

(3) In Article 12 (single applications)—

(a) in paragraph 1, omit “for direct payments”;

(b) in paragraph 2, omit “area-related direct payments or”.

(4) In Article 17 (requirements pertaining to area-related aid applications), omit paragraph 6.

(5) In Article 27 (cross-notification of results of checks), omit the third paragraph.

(6) In Article 29 (cross-checks), in paragraph 1, in point (a)—

(a) omit “on declared payment entitlements and”;

(b) omit “respectively,”;

(c) omit from “area-related aid schemes” to “1307/2013, and”.

(7) In Article 36 (reduction of control rate), in paragraph 4, omit the second subparagraph.

(8) In Article 38 (area measurement), omit paragraph 8.

Amendment of the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014

8.—(1) The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014(8) are amended as follows.

(2) In regulation 1 (citation, commencement, application and extent)—

(a) in paragraph (2), for “paragraphs (3) and (4)” substitute “paragraphs (2A), (3) and (4)”;

(b) after paragraph (2) insert—

“(2A) These Regulations do not apply to direct payments in England in respect of any year falling after the end of 2023.”.

(3) In regulation 2(1) (interpretation)—

(a) in the definition of “the Direct Payments Delegated Regulation”, at the end insert “as that Regulation applied in relation to England immediately before the end of 2023”;

(b) in the definition of “the Direct Payments Implementing Regulation”, at the end insert “as that Regulation applied in relation to England immediately before the end of 2023”;

(c) in the definition of “the Direct Payments Regulation”, at the end insert “as that Regulation applied in relation to England immediately before the end of 2023”;

(d) omit the definition of “area-related aid schemes”;

(e) omit the definition of “single application”.

(4) Omit regulation 3 (competent authority).

(5) In regulation 4(3) (agency arrangements), omit “support schemes listed in Annex 1 to the Direct Payments Regulation or”.

(6) In regulation 5(1) (applications), for “a single application,” substitute “an”.

(7) Omit regulation 6 (minimum size of agricultural area).

Amendment of Article 2 of Commission Delegated Regulation (EU) 2017/891

9.—(1) Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetable sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011(9) is amended as follows.

(2) In Article 2, in point (a) (definition of producer), for “Article 4(1)(a) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council” substitute “Article 2(1)(a) of Regulation (EU) No 1306/2013”.

Amendment of regulation 2 of the Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020

10.  In regulation 2 of the Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (treatment of CAP Horizontal Legislation)(10)—

(a) omit paragraph (1)(a);

(b) in paragraph (1)(b), omit “in all other cases,”.

Amendment of the Agriculture (Lump Sum Payment) (England) Regulations 2022

11.—(1) The Agriculture (Lump Sum Payment) (England) Regulations 2022(11) are amended as follows.

(2) In regulation 2 (interpretation), at the end of the definition of “Regulation (EU) 1307/2013” and the definition of “Regulation (EU) 640/2014” insert “as that Regulation operated in relation to England immediately before the end of 2023”.

(3) In the Schedule (calculating the lump sum payment)—

(a) in paragraph 1(3)(c)(iii) (definition of SRA), at the end insert “as that Regulation applied in relation to England immediately before the end of 2023”;

(b) in paragraph 3—

(i) in sub-paragraph (2)—

(aa) at the end of paragraph (a) omit “and”; and

(bb) at the end of paragraph (b), after “17th May 2021” insert—

“; and

(c) the total value of any payment entitlements that were recorded in the register in the applicant’s name before the date on which these Regulations come into force (excluding any payment entitlements that have been leased out).”;

(ii) in sub-paragraph (5)(b) (definition of PES)—

(aa) at the end of paragraph (i) omit “and”; and

(bb) after paragraph (ii) insert—

“(iii) the total value of any payment entitlements that were recorded in the register in the applicant’s name before the date on which these Regulations come into force (excluding any payment entitlements that have been leased out); and”.

(1)

EUR 2013/1305, amended by S.I. 2019/764 (to which there are amendments not relevant to these Regulations), S.I. 2023/816; there are other amending instruments but none are relevant.

(2)

EUR 2013/1306, to which there are amendments not relevant to these Regulations.

(3)

EUR 2013/1308, to which there are amendments not relevant to these Regulations.

(4)

EUR 2014/640, to which there are amendments not relevant to these Regulations.

(5)

EUR 2014/807, to which there are amendments not relevant to these Regulations.

(6)

EUR 2014/808, to which there are amendments not relevant to these Regulations.

(7)

EUR 2014/809, to which there are amendments not relevant to these Regulations.

(8)

S.I. 2014/3263; regulations 1 to 6 were amended by S.I. 2015/1325 and 1997, 2018/591, 2019/733 and 785 and 2020/90, 477 and 1387. There are other amendments none of which are relevant to these Regulations.

(9)

EUR 2017/891. There are no relevant amendments.

(10)

S.I. 2020/1445. There are no relevant amendments.

(11)

S.I. 2022/390.